جستجوی مقالات مرتبط با کلیدواژه "the right of arrest" در نشریات گروه "فقه و حقوق"

By studying the legal texts and Article 377 of the Civil Code, this point of view is confirmed that the right of imprisonment is recognized as a "primary inherent" right, an absolute and negative right that each of the parties has enjoyed from the beginning and based on it. They can refuse to fulfill their obligations. Also, there is a lien depending on the number of parties; But with a careful study, the theory of "objection and defense" of the right of imprisonment can be put forward. In this description, the lien is a suspended right that cannot be invoked by the resident at first, but only when there is a reasonable and conventional certainty that the other party "doesn't want or can't" adhere to his obligations despite comes It is only for the person who is ready to fulfill the contractual obligations. In this description, there is only one lien and the lien is not multiplied by the number of parties. This research, which was completed in a library method and in a descriptive-analytical way, after stating the flaws of the first theory, presents a new description of the lien.