Contemporary jurisdictions of continental Europe are familiar with the legal concepts of a contract in favour of a third-party beneficiary who is not present when the contract is entered into as well as the right of this third party to enforce such a contract. However, these concepts are not easily compatible with the principles of Roman private law. The Swiss Legislation on Obligations (Schwei...

the security of contractual relation is the important aims of contract law to the extent that is discussed as one of the fundamental principles in european law. the guarantee to protect is one of the affecting rules to establishing the security of contractual relation that in the iranian civil code under the incomplete influence of islamic and french law, is based on the protection of ownership...

the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

As our focus turns from purely domestic law to regional and global issues, there is an increasing need to explain and, where possible, reconcile, the world’s two major systems of law – the common law and civil law systems. Both play a crucial role in the legal infrastructure of Asia, and their sometimes uneasy relationship is one of the many challenges to overcome if we are to establish connect...

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