فهرست مطالب seyyed mohammad taghi alavi

Oblique action is an exception to the principle of the relative effect of the contract, which permits unsecured creditors or collateralized creditors whose collateral is not worth as much as their claim, under certain conditions, to interfere with the legal affairs of the principal debtor. This action is due to the entry of the result of the lawsuit in the assets of the principal debtor. It also benefits other creditors who have not participated in the action. The comparative study of this institution in the law of Iran, France, and Egypt highlights its abandonment and eventually abrogation of it (article 36 of the Insolvency Code) in Iranian law, which seems critical considering the interests of creditors and the effects of this institution in practice. But French and Egyptian law have been analyzed by jurists, and the French judgmental procedure has been very active in this regard. The purpose of studying the law of these two countries with Iranian law is to identify the conditions, nature, scope, and effects in practice. Additionally, it aims to highlight the weaknesses and strengths of this obsolete institution in Iranian law. This research presents a pathway for the Iranian legislature to revive this institution and predict the related laws in Iranian law. Also, in this research, the difference between oblique action and similar institutions is explained in order to avoid confusion and to avoid the identification of Pauline action and derivative action institutions and in article 418 of the commercial code as examples of oblique action.

Direct action is one of the grounds that legislators protect creditor rights. Following the 2016 amendments to the French Civil Code, direct action, which had long been accepted in French law, was specified in the Civil Code. Direct action does not have a clear legal status in Iranian law, but it has been analyzed by jurists in Egyptian and French law. The purpose of a comparative study of direct action in the first place is to clarify its theoretical aspect in Iranian law to be considered in the amendments to the Iranian Civil Code. Secondly, the practical aspect of this legal institution, as mentioned in Egyptian law, is important. Because the direct-action mechanism can reduce the prolongation of the trial and, consequently, reduce the volume of litigation. Under Iranian law, as in Egyptian and French law, the practical aspect of direct action can be provided by anticipating this legal institution in a lease, tax evasion lawsuits, alimony lawsuits, and other cases that are challenging for the judiciary. This will be an effective shortcut for both the beneficiary and the judiciary.

In our legal system sale and any other exchanging contract consist of two mutual obligations wich are in the same grade of causative situation. Based on an interpretation every abligation is cause of the other and according to the other interpretation, the cantract itseff is source of abligation. In the previous views although chronological priority and deaying of obigations is possible connection of two obligations is essential. Because chronological doubling of spritual affairs allows us divide them temporally.In this article we will study the matter using orders of civil law abaut conditions and philosophyical analysis of the observed contract.