theoretical confusion caused as a result of misconception in terminology

Authors

ابراهیم عبدی پور فرد

دانشیار گروه حقوق خصوصی ، دانشکده حقوق دانشگاه قم نصراله جعفری خسروآبادی

دانشجوی دکتری حقوق خصوصی ، دانشگاه قم

abstract

“obligation”, “dette” and “droit personnel” are three important and correlative legal terms in civil law that have been introduce into persian legal literature with improper translation. the failure to distinguish them from common terms in islamic jurisprudence like “dein” and “eltezam” have caused conceptual confusion between special terms of two great legal systems: civil law and islamic law. in practice, the misconception in terminology of fundamental terms led to theoretical confusion about legal institutes and principles that are important and have vast scope of application. diversity of opinions about effects of sale of future or unascertained goods, dispute in basic division of property law, different views about causes of discharge of obligation and “dein” and possibility and modes of assignment of them, confusion of legal doctrine on civil liability, are the theoretical misconceptions arising from confusion in terminology that discussed in this article.

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Journal title:

حقوق خصوصی

جلد ۱۱، شماره ۱، صفحات ۸۱-۱۰۰

Keywords

“obligation” “dette” and “droit personnel” are three important and correlative legal terms in civil law that have been introduce into persian legal literature with improper translation. the failure to distinguish them from common terms in islamic jurisprudence like “dein” and “eltezam” have caused conceptual confusion between special terms of two great legal systems: civil law and islamic law. in practice the misconception in terminology of fundamental terms led to theoretical confusion about legal institutes and principles that are important and have vast scope of application. diversity of opinions about effects of sale of future or unascertained goods dispute in basic division of property law different views about causes of discharge of obligation and “dein” and possibility and modes of assignment of them confusion of legal doctrine on civil liability are the theoretical misconceptions arising from confusion in terminology that discussed in this article.

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