Comparative Review Self-help Sale

seyed mehdi mousavi, ahmad hasani karmozdi, Ahmad Amir Mo'azi
2018 Islamic Law Research  
One of the non-judicial administrative mandate that is used in some legal systems is self-help selling institution , the entity is anticipated for the purpose of repayment of losses on behalf of one party to the contract which is affected by the other party's action, in other words, when in a contracting relationship , one party commits an offense in relation to obligations contracted by the other party and the person has suffered a loss owns the offender's property, this institution will allow
more » ... the person, in certain cases, lawfully to sell the property of the offending party in order to offset its losses. This institution has been recognized both in the legal system of Iran and in the principles of the law of European treaties, but it is not applied as the general principle and only in cases where it was anticipated by the law governing the contract. In the Islamic Jurisprudence, the closest institution to the self-help selling is the rule of atonement, it seems that this rule can be used as the basis for self-help selling entity in Imamie Jurisprudence.
doi:10.30497/law.2018.2309 doaj:1578b4565cb4496cbb5dd237cf33272a fatcat:zle3pvsawfhzrfuqkxmzmtpcnm