judgment of bankruptcy leads to bankruptcy of merchant. therefore, merchant will be incapable and cannot possess in his asset. various provisions can be found in commercial code, regarding contract’s of bankrupt merchant, which is inconsistent with civil code. article 423 has stipulated that trades of merchant after bankruptcy, in three cases will be void. this position is not consistent with c...

it is possible for the lessor to transfer the leasehold property to another party through sale or other contracts over the course of lease without enjoying profit. according to iranian civil code, article 498, transferring the object of lease even to the lessee himself does not contradict the lease contract. after the contract, the lease contract is still valid. in french law, transferring the ...

external effects or opposabilité is a legal subject that some legal authors of france take advantage of which for clarifying the scope of the doctrine of the privity of contract and as a complementary principal. the use of the foresaid term does not go back to a long way and there is still a dispute over its bases. because the doctrine of the privity of contract is adapted from the civil code o...

by the widespread of international relations, the issues related to private international law, particularly the entitlement of foreigners to the civil rights, have become more important. in the iranian law, although the entitlement of foreigners to the civil rights has been recognized as a principle as per article 961 of the civil code, but its three paragraphs provides certain exceptions. owin...

the mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct. thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. however french law (art. 489- 2 code civil) and iranian law (art. 1216 iranian civil code), impose legal liability to such persons for their tortiuos behavio...