Formation of contract : a comparative study under English, French, Islamic, and Iranian law / Parviz Owsia.
1994
K843 .O97 1994 (Map It)
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Details
Author
Title
Formation of contract : a comparative study under English, French, Islamic, and Iranian law / Parviz Owsia.
Published
London ; Boston : Graham & Trotman ; Norwell, MA : Kluwer Academic Publishers Group, [1994]
Copyright
©1994
Call Number
K843 .O97 1994
Former Call Number
Comp 500 Ow6 1994
ISBN
1853332631
Description
lix, 621 pages ; 25 cm
System Control No.
(OCoLC)27811832
Bibliography, etc. Note
Includes bibliographical references (pages xxxix-xlvii) and index
Record Appears in
Table of Contents
Acknowledgments
Foreword
Notes on Transliteration
Bibliography
Laws, Statutes, Regulations
Conventions and other International Documents
Tables of Cases
Sect. 1
Historical Sketch of the Four Legal Systems
7
Ch. 1Outline of Each Legal System's History
8
I English Law
8
II French Law
13
III Islamic Law
17
IV Iranian Law
25
Ch. 2Comparative Observations on the Historical Developments of the Four Legal Systems
41
I Dialectical Process
41
II Divinity and Reality
43
III Immutability and Change
46
IV Equity and Justice in Practice
49
Sect. 2
Sources of the Law under the Four Legal Systems
55
Ch. 1Sources under Each Legal System
56
I English Law
56
II French Law
63
III Islamic Law
68
IV Iranian Law
77
Ch. 2Summary, Assessment and Comparison of Sources under the Four Legal Systems
89
I Summary of Sources under the Four Legal Systems
89
II Assessment of the Relative Contribution of Formal Sources to the Development of the Law
92
III Technical Means of Development of the Law
100
IV
Conclusion and Comparison
115
Sect. 3
Initiation to the Law of Contract(s) Evolution and General Traits
119
Ch. 1Genesis and Evolution of the Law of Contract(s)
120
I Roman Law
122
II English Law
124
III Islamic Law
128
IV
Concluding Comparison
132
Ch. 2Law of Contracts and General Theory of Contract
137
I Roman and Islamic Law of Contracts; Compared
II French and English Law of Contract; Compared
139
III Iranian Law; Comparatively Treated and Internationally Viewed
148
Ch. 3Purview of the Law of Contract(s) Related Conceptualization and Terminology and Classification
155
I The Status of Contract and 'Essential Conditions' of Formation
[s.n.]
II Definition of a Contract
159
III Classification of Contract
164
IV Contract in Theory and in Practice
175
V Treatment and Presentation of the Work
180
Sect. 1
Legal Function of Psychological Elements
189
Ch. 1Range of Psychological Elements
190
I English Law: 'Intention to Create Legal Relations', 'Consent' and 'Mutual Assent' or 'Consensus ad idem'
190
II French Law: Volonte (Will) and Consentement (Consent)
200
III Islamic Law; Qasd (Intention), Rida (Consent), Iradah (Will) and Ikhtivar (Freedom of Choice)
205
IV Iranian Law: Qasd (Intention) and Rida (Consent)
211
Ch. 2Exteriorization of Psychological Elements: 'Objectivity' Versus 'Subjectivity'
219
I French, German and English Law
220
II Islamic Law
231
III Iranian Law
236
Ch. 3Means of Expression of Psychological Elements
248
I Classification of the Means of Expression
249
II Means of Expression under Islamic Law
257
III Means of Expression under Iranian Law
273
Ch. 4Silence: Question of Efficacy
280
I General Principle: Silence Not Effective
280
II Efficacy of Silence an Exception in Making Acceptance
283
III Exceptional Efficacy of Silence as an Offer
292
IV Critique and Comparison
298
Sect. 2
Determination and Function of Offer and Acceptance
307
Ch. 1The Doctrine of Offer and Acceptance under French and English Law
309
Introductory Note: Basic Similarity of Approaches
309
I French Law
309
II English Law
319
III
Note on Comparison
338
Ch. 2The Doctrine of Offer and Acceptance in Islamic (Shi'ah) Law
339
I Views of Shi'ah Jurists
340
II Author's Analysis of Shi'ah Classical View of Offer and Acceptance
351
Ch. 3Doctrine of Offer and Acceptance in Iranian Law
366
I Arguments for the Reception of the Shi'ah Notion in the CCI
367
II Arguments Against the Reception of the Shi'ah Notion in the CCI
375
III Summary Conclusion: Practical Aspects and Consequences
378
Ch. 4Summary and Comparison of the Doctrine of Offer and Acceptance under the Four Legal Systems
382
Sect. 1
Offer
397
Ch. 1Attributes of Offer and Distinction from Invitation to Make an Offer
398
I Formalistic Approach; Shi'ah Law
398
II 'Consensualistic' Approach: English, French and Iranian Law
403
Ch. 2Variety and Communication of Offers
421
I Variety of Offers
421
II Communication of the Offer
432
Ch. 3Duration and the Question of Revocation of an Offer
440
I Legal Systems with Tendency for Revocability of Offer
440
II Legal Systems with Tendency for Irrevocability of Offer
447
III Ambiguity under Iranian Law
460
Ch. 4Termination of Offer
471
I Passage of Time
471
II Supervening Death or Incapacity
478
Sect. 2
Acceptance
489
Ch. 1Certainty of Acceptance
491
I Principle of Definiteness
491
II Definiteness Inferred
492
Ch. 2Conformity of Acceptance to the Offer
500
I Statement of Principle
501
II Question of Variance
502
III Effects of a Material Variance
511
Ch. 3Correlation of Acceptance with the Offer
526
I Question of Acceptance by the Addressee of the Offer
526
II Problem of Acceptance in Identical Cross-Offers
530
Ch. 4Communication of Acceptance Under French and English Law
536
I English Law
537
II French Law
548
III English and French Law Compared
566
Ch. 5Communication of Acceptance under Islamic Law: Contrasted
570
I Contracts inter praesentes: Actual Communication Required
570
II Contracts inter absentes: Question of Validity
571
Ch. 6Communication of Acceptance under Iranian Law: as Compared with French and Islamic Law
582
II 'Instantaneity' and 'Sequence'
584
III Communication in Contracts inter absentes
586
Ch. 7The Time and the Place of Acceptance and of Contract: Comparatively Treated
594
I Parties' Determination
594
II Parties' Intention Not Known
598
III Consequences of Determining the Time and the Place of Acceptance and of Contract
601
IV
Comparative Summary
609
Epilogue on Communication of Acceptance
611
Index
615