The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and ...compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is summarized in the contract and becomes a binding force as soon as it is created, to which the parties participating are bound by its provisions. In jurisprudence and Iranian law, the pacta sunt servanda is interpreted as the principle of the irrevocability of contracts. the pacta sunt servanda has been accepted in jurisprudence and Iranian law. The principle of irrevocability is different from that of the pacta sunt servanda. From 219 of the Civil Code, some have inferred the principle of irrevocability in the position of doubt in the revocability and irrevocability of contracts, and others have inferred the pacta sunt servanda of absolute contracts, both revocable and irrevocable. This article tries to identify the pacta sunt servanda in Iranian law, provisions, concepts, and sources and explain its differences with the principle of irrevocability and similar principles in Iranian law, jurisprudence, and foreign law
Abstract
This article examines the coronavirus counter-measures adopted by East African states from a legal perspective. The focus is whether the adopted measures infringe on the provisions of the ...Treaty for the Establishment of the East African Community (EAC) and domestic legislations, including the countries' constitutional provisions. The legal recourse for East African citizens in instances where domestic remedies have failed will be examined in light of the role of the judicial organ of the East African Community, the East African Court of Justice (EACJ). An examination will be made on protection of human rights under the EAC Treaty and the jurisdiction of the EACJ in adjudicating on allegations of human rights violation. This contribution will proceed to debate on the existing relationship between international law and domestic laws; whether international law is superior to domestic law and whether international bodies can entertain a complaint by an individual or an institution on violation of human rights where redress has not been exhaustively sought through domestic legal systems.
The risks of contracts are increasing nowadays. The reasons for this are increasing economic and social uncertainties. The role of important contract law principles, such as vis maior, pacta sunt ...servanda, or clausula rebus sic stantibus, has changed. Judicial practice must also follow this. It is an important requirement that the parties properly assess their ability to perform when concluding the contract, and price the risks well. Institutions that ratify and insure contracts are important means of mitigating contract risks. The protection of the deposit, the penalty, the surety, the protection of the balance of the contracts, and the possibility of challenging the contract in the event of a value imbalance. In case of unfair general terms and conditions, the possibility of referring to their nullity.
The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory ...texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as
, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.
The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory ...texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as legal maxims, are discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws stems from a historical translation process that started in the beginning of the 20th century; secondly to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.
The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory ...texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as legal maxims, are discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws stems from a historical translation process that started in the beginning of the 20th century; secondly to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.
The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory ...texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as legal maxims, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.
Target. The purpose of this article is to consider the problems of doctrinal approaches to the implementation of the provision of obligations of states under international treaties. The authors ...analyze the current principles and doctrines of securing obligations under international treaties, suggest that the fundamental principles of fulfilling state obligations through the prism of the doctrine of jus cogens be considered.Methods. Such methods as: system analysis method, synthesis method, formal-legal method, logical method, analogy method are used in the work.Results and conclusions. The authors suppose that a direct recognition of the principle of conscientious fulfillment of international obligations by a peremptory norm of international law in disputes where all participants agreed to this provision is necessary. The agreement with the “vertical” action of this principle, that is, the extension to national legislation, will allow to minimize, and in some cases to exclude the possibility of refusing to fulfill the obligation due to the decision of the national authority. The use of the jus cogens doctrine as applied to the principles of ensuring the fulfillment of obligations by the states will, to a large extent, allow to move towards legal impact on the states within the framework of international law, and will become an additional element of ensuring the responsibility of the state in fulfilling its obligations arising from international treaties.
The hardship of enforcing a contract is one of the most frequent problems in any legal system after a crisis; In this regard, the necessity of explaining a comprehensive theory about the hardship, ...especially in the pandemic of covid-19 as the most terrible crisis in recent centuries, is strongly felt. Today, many contemporary legal systems, including countries such as France, Germany, and England, have responded to the hardship of enforcing the contract with convergent approaches. These legal systems, while explaining the necessary condition of hardship, have also provided certain solutions for the problems of this matter in the realm of contract theory. The approaches of contemporary legal systems to the hardship can be categorized under the two general forms with the titles of "hardship as impossibility" and "maintaining the contract while reviewing it". Paying attention to these approaches in the Iranian legal system will provide very insightful achievements for Iranian jurists which can be used to achieve a proper balance between the principle of necessity and contractual justice.
The given publication presents a review of historical development of Latvian contract law after renewal of independence, the analysis enables not only to identify those improvements in contract law ...provisions that have been implemented as of today but to define more specifically the directions of development of Latvian contract law provisions in future. By analysing different legal terms, the article provides an insight into the improvements that have to be made putting emphasis, among other things, upon the role of the European Union in elaborating unified contract law. Although several amendments have been made in the Civil law during the last few years, thus improving legal regulation in the area of contract law, there are still some juridical problems that have not been solved by the law and that create not only problems in the theoretical but also in the practical work. Especial attention has been paid to the analysis of legal remedies, as, for, example, change of circumstances clause whose regulation is not provided in the Civil law.
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