Volume 25, Issue 91 (fall 2020 2020)                   __Judicial Law Views __2012__, 25(__59__): __224214 | Back to browse issues page

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karimi A, razi S. Opposing contract with Priority. دیدگاه‌های حقوقی. 2020; 25 (91) :197-214
URL: http://jlviews.ujsas.ac.ir/article-1-1592-en.html
1- univercity of tehran , abkarimi@ut.ac.ir
2- univercity of tehran
Abstract:   (586 Views)
Sometimes people have priority to others due to having the right of Priority In conducting a legal action or demanding the fulfilment of right of a certain property. Sometimes the legislator has considered it for some reason for some persons in a particular position. The right of priority is protected by the legislator, and sometimes it is explicitly forbidden to opposing contract with it. However, the guarantee of this ban, there are disagreements between jurists and lawyers in the cases stated. Some believe conclusion of opposing contract with priority is void; in contrast, some are considered valid, in the end, others they have chosen the middle solution and they believe that the deal is not affected. In the examples of priority, the overall conclusion is that opposing contract with priority is un enforceability to third party; Because these transactions have all the components of the contract, except that there is a barrier to their influence, and that obstacle is the right of priority of the beneficiary, which, in the event of the subsequent payment of his rights, automatic be valid. Accepting this guarantee solution will not only supply the rights of the rightful owner butalso the rights of the parties.

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Type of Study: Research | Subject: Pivate Law
Received: 2019/04/12 | Revised: 2021/05/09 | Accepted: 2019/10/22 | Published: 2020/10/06 | ePublished: 2020/10/06

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