Investigation of Defects of Article 264 of Iranian Civil Code

Mehdi Pirhaji, Sakina Shaik Ahmad Yusoff, Suzanna Mohamed Isa, Mahmoud Jalali

Abstract


Discharge of contractual obligations is one of the most important issues in (Iranian) contract law, and Articles 264 to 300 of Iranian Civil Code are devoted to this issue. Inappropriate combination of Islamic Sharia with French law causes some ambiguities in Articles 264 to 300 of the Iranian Civil Code. Moreover, the Iranian legislator has not offered definitions for some factors of discharge of obligations such as fulfilment of obligation, substitution of the obligation, and set off and recoupment. The Iranian legislator has not even mentioned on what basis it has obtained the present categorization for six factors of discharge of obligations, namely: fulfillment of obligation, cancellation of a contract by mutual consent, release from obligation, substitution of a different obligation, offset and recoupment and by acquisition of the debt. This paper exclusively aims to examine, criticize and discuss the problems arising from the Article 264 of the Iranian Civil Code. In this study, the data gathered is of the library type and the research method is both analytical and critical.

Full Text: PDF DOI: 10.5539/ass.v10n7p38

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Asian Social Science   ISSN 1911-2017 (Print)   ISSN 1911-2025 (Online)

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