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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