Document Type : Research

Authors

• SayyedMohammad Razavi ¹
• Sayyed Ali Razavi ²
• Rasul Rafiee ³

¹ Faculty Member of University of Birjand, Birjand, Iran

² PhD in Private Law, Razavi University of Islamic Sciences, Mashhad, Iran

³ MA in Private Law, Mofid University, Qom, Iran

Abstract

The foundations are the basis of the structure of reasoning in theoretical discussions. Therefore, adopting the basics in each issue establishes a different result. This is reflected in the substantive civil rights discourse, which is largely based on Islamic jurisprudence. One of the major drawbacks of previous writings that contemporary jurists have sought to resolve is the separate public rules from proprietary rules. Dr. Katuziyan is one of those who attempted to do this by writing the general rules of the contract. Despite a worthy and commendable effort in his books, the textbooks of law courses at universities in Iran are not devoid of the mentioned forms and the general rules which are also found in the specific rules. This is not a problem itself, and all the discussions and content take much time and work to get to maturity. What seems as a disadvantage is the failure to adopt a single foundation and, as a result, construct multiple buildings on the same issues. This article discusses some of these anxieties.

Keywords

• Civil Law
• Guarantee of Discharging Obligation
• Negative Condition
• Guaranteed Tangible Items
• Fiduciary Capacity

Main Subjects

• Jurisprudence and Law