Explaining the establishment of suspension contracts from the perspective of Iranian jurisprudence and public law
mohammadhosein Sayahi
1
(
Department of Private Law, Khuzestan Research Sciences Campus, Islamic Azad University, Ahvaz, Iran
)
gholamali seifi
2
(
Visiting Assistant Professor, Department of Private Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
)
Rahim Sayah
3
(
Visiting Assistant Professor, Department of Private Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran and Faculty Member, University of Petroleum Industry, Ahvaz Faculty of Petroleum
)
Keywords: Suspended contract, Suspension of contracts, Suspension of composition and origin, Administrative law of Iran,
Abstract :
Some Islamic jurists consider the suspension of contracts to be invalid by arguing for rational and narrative argument and the lack of establishment of contradictions and contradictions with the dogma of contracts. Considering that the purpose of the contractors is to establish the obligation and fulfill the effects according to the contract, so by accepting the suspension in the source and joining it to the punitive contracts, structuring and denying the beginning of the suspension in the contracts and deviating from realism and denying the beginning of the suspension in the contracts. It is possible. On the other hand, those who believe in this theory by descriptive-analytical method and by inductive proof of homogeneous examples of suspension of contracts in jurisprudence and administrative law and the presentation of compelling arguments such as necessity, rationalism and thinking in the common realization of suspended contracts and jurisprudence Administrative contracts were suspended in Iranian law and its applicability formulation was considered necessary.The result is that the coherence of religious criticism is allowed to explore the utilitarian theory of "suspension of contracts in administrative law" with the homogeneous critique of the logic of jurisprudence and law in legalism by changing attitudes to civil sociology and focusing on theorizing theory In contracts based on rationalism, it is necessary to avoid superficiality and independence of the legal system of thought.