A comparative study of the theory of replacement of the beneficiary of the right of pre-emption contract with a third party, in French modern obligations law and the possibility of its implementation in Iranian law.
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Departement of law,shahrekord branch,islamic Azad university,shahrekord,iran
10.22091/csiw.2024.10728.2541
Abstract
In the old civil law of France, if in a contract with the right of priority, the obligee violated the covenant and entered into a contract with a third party instead of concluding a contract with the beneficiary; The beneficiary could not ask the judge to replace him with a third party. But in terms of the needs of the society; From 2002 onwards, the French jurisprudence was concerned with the implementation of this theory and it showed itself in the decisions of the appeal courts. In 2016, in the reforms of the civil law, this theory was explicitly stated in Article 1123, and it is counted among the innovations of the French civil law. The proposal of this theory on the contractual priority right has no history in the domestic laws of our country, but by examining the conditions of implementation of this theory in the modern law of obligations of France and the capacities of the domestic laws of our country, it is possible to implement this theory in contracts of transfer of ownership and according to the current needs of society. The implementation of this theory will have useful practical effects in the judicial procedure.
Kazemi, A., & pourarshad, N. (2024). A comparative study of the theory of replacement of the beneficiary of the right of pre-emption contract with a third party, in French modern obligations law and the possibility of its implementation in Iranian law.. Comparative Studies on Islamic and Western Law, (), -. doi: 10.22091/csiw.2024.10728.2541
MLA
Ali Kazemi; nader pourarshad. "A comparative study of the theory of replacement of the beneficiary of the right of pre-emption contract with a third party, in French modern obligations law and the possibility of its implementation in Iranian law.". Comparative Studies on Islamic and Western Law, , , 2024, -. doi: 10.22091/csiw.2024.10728.2541
HARVARD
Kazemi, A., pourarshad, N. (2024). 'A comparative study of the theory of replacement of the beneficiary of the right of pre-emption contract with a third party, in French modern obligations law and the possibility of its implementation in Iranian law.', Comparative Studies on Islamic and Western Law, (), pp. -. doi: 10.22091/csiw.2024.10728.2541
VANCOUVER
Kazemi, A., pourarshad, N. A comparative study of the theory of replacement of the beneficiary of the right of pre-emption contract with a third party, in French modern obligations law and the possibility of its implementation in Iranian law.. Comparative Studies on Islamic and Western Law, 2024; (): -. doi: 10.22091/csiw.2024.10728.2541
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