دورية أكاديمية
Comparative Studying the Effects of Mistake in Contracts in Iranian and French Law
| العنوان: | Comparative Studying the Effects of Mistake in Contracts in Iranian and French Law |
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| المؤلفون: | mohammad riyahi |
| المصدر: | پژوهش های حقوق تطبیقی, Vol 27, Iss 4, Pp 168-199 (2023) |
| بيانات النشر: | Tarbiat Modares University, 2023. |
| سنة النشر: | 2023 |
| المجموعة: | LCC:Law |
| مصطلحات موضوعية: | mistake, fault of will, obstacle mistake, transaction itself, absolute nullity, relative nullity, Law |
| الوصف: | Misunderstanding of reality and belief that something is right, wrong or vice versa is called mistake. Understanding the concept of wrong is not possible simply, because the meaning of right and wrong is relative and temporary. However, what as a mistake requires the performance guarantee, is the event that the belief of the contracting party is not in accordance with the reality. As a result, the mistake in the legal system of Iran and France distorts the will, not the subject of the contract. In Iranian Law, a mistake is sometimes a flaw in the intention and sometimes a flaw in the intention. Based on this, the performance guarantee considered by the legislator is null and void, respectively and in other cases, according to the principle of firmness of contracts, no executive guarantee has been considered for it. In French Law, it sometimes invalidates the will and sometimes impairs it, and in other cases it does not affect the validity of the contract; Based on this, mistakes are divided into obstacles, effective and ineffective, and the guarantee of its implementation is absolute, relative, and in some cases, creating the right of cancellation; An ineffective mistake does not disrupt the contract. The purpose of this article is to explain the nature and position of the mistake by applying the descriptive-analytical method and with a comparative look at the French legal system, and to study its effects in order to provide a suitable solution to solve complex problems that usually occupy the courts of law. |
| نوع الوثيقة: | article |
| وصف الملف: | electronic resource |
| اللغة: | Persian |
| تدمد: | 2251-6751 2476-6801 |
| العلاقة: | http://clr.modares.ac.ir/article-20-71963-en.pdfTest; https://doaj.org/toc/2251-6751Test; https://doaj.org/toc/2476-6801Test |
| الوصول الحر: | https://doaj.org/article/d8b7ea2c94114505b37b94edaacd6100Test |
| رقم الانضمام: | edsdoj.8b7ea2c94114505b37b94edaacd6100 |
| قاعدة البيانات: | Directory of Open Access Journals |
| تدمد: | 22516751 24766801 |
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