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Feasibility of extinction of obligations due to the legal entity of passing the ownership in public contracts in comparison with private contracts
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Seyed Mahdi Masoudi Alavi *   |
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Abstract: (64 Views) |
Public contracts are regarded as official contracts and belong to public law sphere and under specific principles dominated on this sphere.Therefore, despite its similarities with private contracts; it has obvious differences with it in shape, nature and especially in legal consequences.
In this article, by focusing on '' passing the ownership '' as one of the causes of extinction of obligations, it has been tried to be analyzed to determine the possibility or impossibility of parties' extinction of obligations by the legal entity mentioned in the public contracts in comparison with private contracts that caused by three sources: the death of the legator, the death of the testator and finally donate of debt to the debtor. The obtained results indicate that only the category of employer's extinction of obligation (devisee) by passing the ownership that it is caused by the death of the real contractor (devisor) in the public contracts is conceivable and extinction of obligation of the parties to the public contracts due to the source of the death of the legator is ruled out. Also, the extinction of their obligation caused by donate of debt to the debtor is also faced with legal prohibitions and documented silence of the public contracts.
This specific rules, undoubtedly arises from preferential and authoritative inherent of public contracts and based on ''soverenighty of law principle'' in official contracts to provid public benefits and interests.
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| Keywords: passing the ownership, public contract, private contract, public law, preferential and authoritative inherent of public contract. |
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Full-Text [PDF 405 kb]
(19 Downloads)
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Type of Study: Research |
Subject:
Special
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