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Saeideh Bagheri Asl; Heydar Bagheri Asl
Abstract
One of the cases of using interpretative principles is in the possibility of repealing a legal article or generalizing it, as well as in the conflict between repealing a legal article and generalizing it. Although scholars try to resolve the conflict between two articles as much as possible by referring ...
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One of the cases of using interpretative principles is in the possibility of repealing a legal article or generalizing it, as well as in the conflict between repealing a legal article and generalizing it. Although scholars try to resolve the conflict between two articles as much as possible by referring to the rules of general, but sometimes there is no possibility of allocation and it is necessary to reject the opinion. So, the main research question in this regard is which interpretive principles are applicable in the possibility of repealing the legal article or its public appropriation and also in the conflict between the repeal of the legal article and its public appropriation? The necessity of conducting this research, in addition to being useful in revising laws, is that no one has done it yet. The research method in examining and finding the answer to the question is descriptive and analytical, and the research in answering the question has come to the conclusion that the principle is in the possibility of abrogation, non-abrogation, and the principle in the possibility of allocation, non-allocation, and also the authenticity of the general public, and the process of obtaining the validity of the law In the possibility of revocation and validity, the general public is in favor of the possibility of allocation, but in the conflict between revocation and allocation, the principle of preference of allocation prevails over revocation, provided that the conditions of allocation are met, otherwise revocation will take precedence over allocation.
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Heydar Bagheri Asl
Abstract
Although the validity of contract of option’s waiver after emergence of option isn’t consensus by Juris consults and surely the content of 448 article of civil law must be observed to the validity of contract of option’s waiver after emergence of option, But ...
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Although the validity of contract of option’s waiver after emergence of option isn’t consensus by Juris consults and surely the content of 448 article of civil law must be observed to the validity of contract of option’s waiver after emergence of option, But the issue of validity and nullity of contract of waiver of guarantee for non-realized option has conflicted intensely among Juris consults and in this case contradictory opinions have raised. The contract of waiver of guarantee for non-realized option means that parties of waiver of option enter to agreement before its emergence–whether before contract or meanwhile contract or after the contract- with one of the methods of waiver of option. Theories of Juris consults in validity and nullity of contract of waiver of guarantee for non-realized option haven’t been evaluated by researchers but sometimes in admit of juridical topics it have only done an incomplete discussion about a special option for contract of waiver of guarantee for non-realized option. Therefore recent research have studied the validity and nullity of contract of waiver of guarantee for non-realized option and also the content of 448 article of civil law, on the strength of descriptive method and inference of Imamieh juridical texts and achieved to this result that contract of waiver of guarantee for non-realized option and also the content of 448 article of civil law, is valid according to the statement of the selected theory of research and it is void according to the statement of other Juris consults theories.
