NOTES PERTAINING TO PUBLICATION, DISTRIBUTION, ETC.
Text of Note
چاپی
CONTENTS NOTE
Text of Note
فاقد چکیده و کلید واژه فارسی
DISSERTATION (THESIS) NOTE
Dissertation or thesis details and type of degree
کارشناسی ارشد
Discipline of degree
حقوق خصوصی
Date of degree
۱۳۹۰/۰۴/۲۵
Body granting the degree
تبریز
SUMMARY OR ABSTRACT
Text of Note
.The purpose of the parties ,is obtain the maximum profit and benefit Whatever expressed in rules and regulations , especially in civil code and lawgiver decreed rules for it, is related to Moghabenei contract , lawgiver hasn?t say anything about rules governing on Negligent contracts clearly , so , we trying in this project to elicitation rules governing on Negligent contracts among rules and with attention to general princples of low and doctrin , and clarify the difference of rules governing on moghabeni contracts . that these rules are۱-General knowledge to features of object of transaction in Negligent contracts is enough . while in Moghabeni contracts detailed knowledge to object of transaction is nesseecary۲-Identity of contracting party in Negligent contracts generally is the direct couse in contact ,while in Moghabeni contracts generally identity of contracting party isn?t important۳- Althoughe in ۴۵۶ article code of civil express options in all of the irrevocable contracts will be butin irrevocable Negligent contracts via negligent?s feature it isn?t applay . option of condition and violation of condition and false pretenses are except from above mentioned rule.۴-Finally in Negligent contracts Gharar it isn?t apply . Gharar in meaning danger, cause to invalidity of contract. But in Negligent contracts, because of that the parties with knowledge to being gharar proceed of contract , it will be out of point of the Lazarr rule and Gharar rule if there will be loss. The purpose of this project is , expressing exeat define of Negligent contracts and Separation of similar concepts, like Nuked contract?s and Gratuitous agreement and , also gathering diffused rules of this contracts in type of a coherent set خContracts is divided into Negligent and Moghabenei contracts. Negligent contracts are those that purpose of the parties in them is beneficence and leniency to other party. Contrary to ,in Moghabeni contracts خwith regard to purpose and persuasive of parties