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Formation of Contract : A Comparative Study under English, French, Islamic, and Iranian Law - Parviz Owsia

Formation of Contract

A Comparative Study under English, French, Islamic, and Iranian Law

Hardcover Published: 1st April 2002
ISBN: 9781853332630
Number Of Pages: 640

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This major reference work compares the formation of contract in the legal systems of England, France, Iran and other Islamic systems. The Preliminary Part gives a historical sketch and describes the sources of law of the four legal systems. It then describes the development and general theory of contract law in the four systems. Part One then analyses in detail the basic notions of formation of contract including the range of psychological elements and their means of expression. The author then goes on to describe and compare the function and determination of offer and acceptance in the four legal systems. Part Two analyses the mechanism of formation and import of a contract in respect of both offer and acceptance. The book has been extensively researched and includes references to Roman law and other modern legal systems. The work has been meticulously indexed and cross-referenced.

Acknowledgments
Foreword
Notes on Transliteration
Bibliography
Laws, Statutes, Regulations
Conventions and other International Documents
Tables of Cases
Historical Sketch of the Four Legal Systemsp. 7
Outline of Each Legal System's Historyp. 8
English Lawp. 8
French Lawp. 13
Islamic Lawp. 17
Iranian Lawp. 25
Comparative Observations on the Historical Developments of the Four Legal Systemsp. 41
Dialectical Processp. 41
Divinity and Realityp. 43
Immutability and Changep. 46
Equity and Justice in Practicep. 49
Sources of the Law under the Four Legal Systemsp. 55
Sources under Each Legal Systemp. 56
English Lawp. 56
French Lawp. 63
Islamic Lawp. 68
Iranian Lawp. 77
Summary, Assessment and Comparison of Sources under the Four Legal Systemsp. 89
Summary of Sources under the Four Legal Systemsp. 89
Assessment of the Relative Contribution of Formal Sources to the Development of the Lawp. 92
Technical Means of Development of the Lawp. 100
Conclusion and Comparisonp. 115
Initiation to the Law of Contract(s) Evolution and General Traitsp. 119
Genesis and Evolution of the Law of Contract(s)p. 120
Roman Lawp. 122
English Lawp. 124
Islamic Lawp. 128
Concluding Comparisonp. 132
Law of Contracts and General Theory of Contractp. 137
Roman and Islamic Law of Contracts; Compared
French and English Law of Contract; Comparedp. 139
Iranian Law; Comparatively Treated and Internationally Viewedp. 148
Purview of the Law of Contract(s) Related Conceptualization and Terminology and Classificationp. 155
The Status of Contract and 'Essential Conditions' of Formationp. [s.n.]
Definition of a Contractp. 159
Classification of Contractp. 164
Contract in Theory and in Practicep. 175
Treatment and Presentation of the Workp. 180
Legal Function of Psychological Elementsp. 189
Range of Psychological Elementsp. 190
English Law: 'Intention to Create Legal Relations', 'Consent' and 'Mutual Assent' or 'Consensus ad idem'p. 190
French Law: Volonte (Will) and Consentement (Consent)p. 200
Islamic Law; Qasd (Intention), Rida (Consent), Iradah (Will) and Ikhtivar (Freedom of Choice)p. 205
Iranian Law: Qasd (Intention) and Rida (Consent)p. 211
Exteriorization of Psychological Elements: 'Objectivity' Versus 'Subjectivity'p. 219
French, German and English Lawp. 220
Islamic Lawp. 231
Iranian Lawp. 236
Means of Expression of Psychological Elementsp. 248
Classification of the Means of Expressionp. 249
Means of Expression under Islamic Lawp. 257
Means of Expression under Iranian Lawp. 273
Silence: Question of Efficacyp. 280
General Principle: Silence Not Effectivep. 280
Efficacy of Silence an Exception in Making Acceptancep. 283
Exceptional Efficacy of Silence as an Offerp. 292
Critique and Comparisonp. 298
Determination and Function of Offer and Acceptancep. 307
The Doctrine of Offer and Acceptance under French and English Lawp. 309
Introductory Note: Basic Similarity of Approachesp. 309
French Lawp. 309
English Lawp. 319
Note on Comparisonp. 338
The Doctrine of Offer and Acceptance in Islamic (Shi'ah) Lawp. 339
Views of Shi'ah Juristsp. 340
Author's Analysis of Shi'ah Classical View of Offer and Acceptancep. 351
Doctrine of Offer and Acceptance in Iranian Lawp. 366
Arguments for the Reception of the Shi'ah Notion in the CCIp. 367
Arguments Against the Reception of the Shi'ah Notion in the CCIp. 375
Summary Conclusion: Practical Aspects and Consequencesp. 378
Summary and Comparison of the Doctrine of Offer and Acceptance under the Four Legal Systemsp. 382
Offerp. 397
Attributes of Offer and Distinction from Invitation to Make an Offerp. 398
Formalistic Approach; Shi'ah Lawp. 398
'Consensualistic' Approach: English, French and Iranian Lawp. 403
Variety and Communication of Offersp. 421
Variety of Offersp. 421
Communication of the Offerp. 432
Duration and the Question of Revocation of an Offerp. 440
Legal Systems with Tendency for Revocability of Offerp. 440
Legal Systems with Tendency for Irrevocability of Offerp. 447
Ambiguity under Iranian Lawp. 460
Termination of Offerp. 471
Passage of Timep. 471
Supervening Death or Incapacityp. 478
Acceptancep. 489
Certainty of Acceptancep. 491
Principle of Definitenessp. 491
Definiteness Inferredp. 492
Conformity of Acceptance to the Offerp. 500
Statement of Principlep. 501
Question of Variancep. 502
Effects of a Material Variancep. 511
Correlation of Acceptance with the Offerp. 526
Question of Acceptance by the Addressee of the Offerp. 526
Problem of Acceptance in Identical Cross-Offersp. 530
Communication of Acceptance Under French and English Lawp. 536
English Lawp. 537
French Lawp. 548
English and French Law Comparedp. 566
Communication of Acceptance under Islamic Law: Contrastedp. 570
Contracts inter praesentes: Actual Communication Requiredp. 570
Contracts inter absentes: Question of Validityp. 571
Communication of Acceptance under Iranian Law: as Compared with French and Islamic Lawp. 582
'Instantaneity' and 'Sequence'p. 584
Communication in Contracts inter absentesp. 586
The Time and the Place of Acceptance and of Contract: Comparatively Treatedp. 594
Parties' Determinationp. 594
Parties' Intention Not Knownp. 598
Consequences of Determining the Time and the Place of Acceptance and of Contractp. 601
Comparative Summaryp. 609
Epilogue on Communication of Acceptancep. 611
Indexp. 615
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781853332630
ISBN-10: 1853332631
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 640
Published: 1st April 2002
Country of Publication: GB
Dimensions (cm): 23.39 x 15.6  x 3.66
Weight (kg): 1.13