Classification of Contractual Agreements in Comparative and Islamic Jurisdictions: Does it Make Any Sense?
Abstract Comparative legal systems differ in the organization of the manifestation of parties’ expressions when making legal transactions where an external action does not reflect the real intention of this party. Most jurisdictions, including Islamic law, follow the objective theory of agreements while the Conterminal legal system adopts the subjective approach. Despite the fact that many scholars spent much efforts to clarify this classification, the importance of this classification may be modest; these legal systems organize some basic doctrines, with regard to the formation of a contract (namely: the revocability of offer, the need for communication of acceptance and the rules of interoperation), in a manner that may contradict with its general theory of making agreement. In other words, the organization of these doctrines has very little significant differences in result between these legal systems. Islamic law has the same result as well. This article aims at explaining these doctrines and differences.
Formation of contract : a comparative study under English, French, Islamic and Iranian law
Preliminary part - Generalia: historical sketch of the four legal systems sources of the law under the four legal systems initiation to contract(s) - development and general traits. Part 1 Basic notions relating to the formation of contract(s): legal notion of psychological elements function and determination of offer and acceptance. Part 2 Mechanism of formation and import of a contract: offer acceptance import of a contract.
Unfair competition law : the protection of intellectural and industrial creativity
Introduction 1. Unfair Competition, Its Legal Basis 2. Making the General Clause Specific 3. The Economics of Preemption and the Abuse of a Dominant Position 4. Shaping a New Action Malign Competition 5. Cognisance in Malign Competition 6. Cognisance in Intellectual Property Law 7. Malign Competition: Action and Remedy Conclusion