Comparative study of the right of imprisonment in jurisprudence, Iranian and Canadian law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Tohid Ebadi ¹ , Alireza Lotfi ² , Ebrahim Noshadi ³

1 - PhD student in Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
2 - PhD, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran: (Corresponding Author)
3 - PhD in Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.

Received: 2022-07-13 Accepted : 2022-10-25 Published : 2022-12-22

Keywords: jurisprudence, Right of lien, Iran&rsquo, s Law, Canada&rsquo, s Law,

Abstract :

Right of lien is one of the most important rights to have been addressed both in Iran’s and in Canada’s law considering its jurisprudent and the common-laic-system origins, respectively, though it has not been a point of consideration in Canada’s law as wide as it has been in jurisprudence and Iran’s law. The right of lien is one of the important means of guarantee for the execution of contractual obligations. By contract conclusion, both parties are bound to execute whatever they have accepted through the contract, however, despite this bind, there is a probability that both or either parties refuse to execute their contractual obligations and bring about detriments to the other party. In Iran’s and Canada’s law, it is quite understandable that the guarantee for the execution of contractual obligations should have different types which have never been directly discussed upon either in the law of Canada as a country or in the law of Iran or jurisprudence.