Volume 29, Issue 3 (2022)
AIJH 2022, 29(3): 165-186 |
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khanmohammadi H, karimi A, Mazloom Rahni A, Bahmani M. The Effectiveness of the Masonry Condition in Limiting Obligations from the Perspective of Jurisprudence and Law. AIJH 2022; 29 (3) :165-186
URL: http://aijh.modares.ac.ir/article-31-48149-en.html
URL: http://aijh.modares.ac.ir/article-31-48149-en.html
1- PhD Student of Private Law, Qods Branch, Islamic Azad University, Tehran, Iran
2- Professor of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. ,Abkarimi@ut.ac.ir
3- Assistant Professor of Private Law, Faculty of Humanities, Qods Branch, Islamic Azad University, Tehran, Iran.
4- Assistant Professor of Private Law, Faculty of Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Professor of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran. ,
3- Assistant Professor of Private Law, Faculty of Humanities, Qods Branch, Islamic Azad University, Tehran, Iran.
4- Assistant Professor of Private Law, Faculty of Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract: (1882 Views)
There are some factors that can pose limit before the performance of obligations and cause obligation to be changed or terminated at all. These factors can have legal or voluntary origins, each of which can be explicit or implicit. Among the factors of administrative origin are the conditions of construction or collusion that can change the obligation. The parties to the obligation in this condition agree to the obligation before or during the contract and make the obligation based on it. The masonry condition without an obligatory statement can be based on the implicit will to change the limits and this can be either increasing or decreasing the obligation and is applicable in property and related rights of individuals and can be an obligation committed to the development and/ or reduce and finally, if not committed to it, could cause the termination or invalidity of the obligation by the parties.
Keywords: Limitation, Obligation, Masonry Condition, Collusion Condition, Implicit Will, Jurisprudence and Law.
Article Type: Original Research |
Subject:
Arts and Humanities (General)
Received: 2020/12/5 | Accepted: 2021/04/14 | Published: 2022/09/27
Received: 2020/12/5 | Accepted: 2021/04/14 | Published: 2022/09/27
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