Volume 14, Issue 4 (2011)
CLR 2011, 14(4): 53-73 |
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Sadeghi-Moghadam1 M, Shokoohi Zadeh2 R. Determination of Criteria of Accessority and Its Effects in Accessory Contracts in Iranian, French and English Law. CLR 2011; 14 (4) :53-73
URL: http://clr.modares.ac.ir/article-20-10780-en.html
URL: http://clr.modares.ac.ir/article-20-10780-en.html
1- 1. Associated Professor, Private & Islamic Law Department, University of Tehran, Tehran, Iran
2- 2. Assistant Professor, Private & Islamic Law Department, University of Tehran, Tehran, Iran
2- 2. Assistant Professor, Private & Islamic Law Department, University of Tehran, Tehran, Iran
Abstract: (7819 Views)
This article, to determine aimed the criteria and basis of accessority of accessory contracts in relation to basic obligation, in order to determine the limits and basis of accessority. In this respect, two main theories were considered; theory of subjective accessority and theory of objective accessority. According to the subjective theory, the basis of accessority of accessory contract in respect of basic obligation is the will of the parties. Consequently, this would determine the limits and effects of this accessority. On the other hand, according to the objective theory, the basis of accessority of accessory contracts could be found in this fact that the basic obligation is the subject of the accessory contracts. This material relationship between the accessory contract and the basic obligation results in complete accessority of the accessory contracts from the characteristics of basic obligation. Determination of the accessority criteria would justify different effects and characteristics of the accessory contracts, which will be discussed.
Keywords: Accessory contract, Basic obligation, Accessority Criteria, Theory of subjective accessority, Theory of objective accessority
Received: 2010/04/5 | Accepted: 2010/12/27 | Published: 2011/03/20
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