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10 J. Pol. & L. 1 (2017)

handle is hein.journals/jpola10 and id is 1 raw text is: Journal of Politics and Law; Vol. 10, No. 1; 2017 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education Comparative Study of Hire-purchase in Iran and English Common Law Mehdi Motallebi1 & Hassan Khosravi2 1Department of Law, Faculty of Human Sciences, Shahe-e-Qods Branch, Islamic Azad University, Tehran, Iran 'Payame Noor University, Tehran, Iran Correspondence: Mehdi Motallebi, Department of Law, Faculty of Human Sciences, Shahe-e-Qods Branch, Islamic Azad University, Tehran, Iran. E-mail: motallebi9494@ttgmail.com Received: April 6, 2016 Accepted: April 21, 2016 Online Published: December 29, 2016 doi: 10.5539/jpl.v10nlp1 URL: http://dx.doi.org/10.5539/jpl.v10nlpl Abstract Hire-purchase is a mutual interest contract. Regarding its commutative nature, exchangeable items that are against each other are exchanged in contracting process, so if contract is null or is canceled for any reason according to the contract terms, in the way that transferring possession is impossible, relevant actions will be based on the contract if funds entitled monthly installments are determined in. Therefore, the current paper aims to comparatively study hire-purchase in Iranian and common law. Analytical-descriptive method is applied in the paper. The findings indicate the difference between hire-purchase in Iran and common law is that contract for common law is just utilized for movable properties; while in Iran law it is utilized for both movable and immovable properties. In England law, hire purchase is a specified contract. According to the England hire purchase law and consumer credit law in 1974, hire purchase is a contract in which leased goods are transferred from creditor to the credit receiver instead of using periodic payment. It happens only when the credit receiver fulfills the contract terms. In other words the hire purchase contract used in England law is a hire contract with tenants' rights of possession, while it has not been explained in the Iranian law. Keywords: lease contract, hire-purchase, common law 1. Introduction Human take action sign various contract to remove many of their problems. Such contracts have taken various forms overtimes, some of them are newly established and it is required to get acquainted with conflicts and performance guarantee, for instance, the contract can be referred to hire-purchase that is interpreted as lease contract provided transferring possession. In this form, buyer contract may not cover the overall price of product but it can pays percentage of amount. Consequently, the contract allows the buyer to use the goods monthly, so long as produce's amount and its interest are paid by buyer, he can use it but if he couldn't pay such amount, the original goods are returned to the owner. In other words, economic and social requirement that are appeared for society every day require new mechanisms and guidelines. One of these strategies that are highly important for efficiency as an economic indicator to attain development and evolution is hire-purchase contract. It is legal institution that is based on common law. The contract is a combination of lease and objective hire-purchase. Such contract is not signed for long time in religious jurisprudence view point, for this reason, it is not considered in civil code. So in this regard, the current paper is adaptive studies of hire-purchase in Iran and common law. In addition, the study of legal position of the contract has been regarded; therefore, the aforementioned rules and regulations have been analyzed in England act. It is hoped that subject turn into a conventional topic for further research of researchers and qualitative and quantitative development of the research. Library and descriptive method is utilized for methodology. Using the method, we investigate into articles, law Journal, magazine, newspapers, scientific and legal databases of world internet network, votes of courts as well as interview with layers, sophisticated experts of ministry of justice. Afterwards, research topics have been obtained by the analysis. 1.1 Definitions and Concepts of Hire-Purchase Hire-purchase: in Iran law, there is a sale that its mutual promise is changed as object of share to buyer (Katozian,

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