Document Type : Academicm and Research

Authors

• Ali Kazemi ¹
• nader pourarshad ²

¹ University of Tehran

² Departement of law,shahrekord branch,islamic Azad university,shahrekord,iran

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.

Keywords

• Agreement
• substitution
• priority
• beneficiary
• bad faith

Main Subjects

• Legal (Comparative Islamic and Western Law)