An Analysis of Suspension in Cancellation of Contract in Imāmī Jurisprudence and French Law

Document Type : Research Article

Author

• ‘Alīriḍā Yazdāniān

10.22067/fiqh.v0i0.3153

Abstract

Despite the claimed consensus concerning the cancellation of suspension in signing a contract, certain suspended institutions (established laws) can be found in Imāmī jurisprudence, which are very similar to "suspension in cancellation of commitment" in French law. In one respect, the source of Iranian civil law in commitments section has been Imāmī jurisprudence and French civil law, but this legal institution is missing here. Thereby, the question arises as to whether suspension in cancellation of commitment is included in the above-mentioned consensus and is not compatible to the Iranian law, hence not being explicitly accepted; or, for complementing the law, such legal institutions can be considered as out of consensus with regard to some jurisprudential establishments and accepted in Iranian law, too. Using the comparative study, this article is addressing suspension in cancellation of contract and its effects.
Keywords: suspension in cancellation of contract, lapse of commitment, retrogressive effect.

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