خلاصه ماشینی:
Studying the Concept of Numerus Clausus of Property Rights: A Comparative Study of French, German, Spanish and Islamic Legal Systems 1 Jalil Qanavati Received: 18/04/2017; Accepted: 26/08/2017 2 Pourya Shirkhani Abstract Numerus Clausus, in the law of property, means that private individuals can only use the forms which the Legislator has previously specified in the field of rights in rem and have no authorization to create new forms of such rights.
1Associated Professor, Department of Private Law, Faculty of Law, Farabi College, University of Tehran )Corresponding Author); Email: J_Ghanavati@yahoo.
ir 2MA in Criminal Law and Criminology, Faculty of Law, University of Qom. Dation in Payment: A comparative Study of Islamic Jurisprudence and French Law Received: 06/03/2017; Accepted: 13/06/2017 Mahmoud Kazemi1 Abolfazl Shahin Abstract: The promisor, in fulfilling his /her obligation, can deliver a property rather than the object of the obligation to the promisee with his /her consent, hereby the obligation would be fulfilled and he would be discharged.
In the present paper, it is attempted to investigate the condition of realization, legal nature, rules and effects of this institution in Iranian legal system and Islamic jurisprudence through a comparative study with French legal system and Common Law. The result of the study demonstrates that the intention to fulfill, agreement, transfer and delivering a property different from the object are the requirements for the realization of "dation in payment" that share the same nature of fulfilling the obligation.