The right of lien means the right to refuse by one of the parties from the performance of contract by relying on refusing the other party from performance of the obligation. This right has been accepted in relation to several special contracts. It has not been made clear by Iranian Civil Code if this right may be extended to other cases not specoifed by this law. Some lawyers and Islamic jurists regard this right as an exception. In this article, we'll show the lien is a general rule. It is the right of each party in every synallagmatic contract. This right is based on reciprocity of the contractual obligations and interconnection of the reciprocal obligations. This paper is based on a comparative study: Shiite jurisprudence, German law, French law and Common law.
Amini, M., Abedian, M. H., & Shahnoush Foroushani, M. A. (2016). Foundations and Scope of »Right of Lien« in Iranian Law and Shiite Jurisprudence and its Comparasion with the Common Law, French and German Law. Judgment, 16(86), 1-26.
MLA
Mansour Amini; Mir Hossein Abedian; Mohammad AbdolSaleh Shahnoush Foroushani. "Foundations and Scope of »Right of Lien« in Iranian Law and Shiite Jurisprudence and its Comparasion with the Common Law, French and German Law". Judgment, 16, 86, 2016, 1-26.
HARVARD
Amini, M., Abedian, M. H., Shahnoush Foroushani, M. A. (2016). 'Foundations and Scope of »Right of Lien« in Iranian Law and Shiite Jurisprudence and its Comparasion with the Common Law, French and German Law', Judgment, 16(86), pp. 1-26.
VANCOUVER
Amini, M., Abedian, M. H., Shahnoush Foroushani, M. A. Foundations and Scope of »Right of Lien« in Iranian Law and Shiite Jurisprudence and its Comparasion with the Common Law, French and German Law. Judgment, 2016; 16(86): 1-26.
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