Treaty Legal Research

Treaty Legal Research

Comparative study between original rights in blunt deal in Iran law and relative nullity deal in French law

Document Type : Original Article

Author
mohsen ghani
وکیل دادگستری
Abstract
Relative nullity is one of the sanctions of the violate rules which is related to contract formation that in French legal system has been recognized as an independent legal entity to protect the rights of specific person or people. Although such a concept does not exist in the traditional rights of Iran and we just deal with it in some cases and texts from Western rights; but there are some similarities between this legal concept with rules governing in lack of influence in Iran’s law which it can be referred to the original position with good faith in unauthorized transactions that measures has been considered for protection of the original rights with good faith in both legal systems. In this paper we examined the original rights in relative nullity deals and lack of influence and concluded that based on the lack of determination of time limit for exercise of right and being tethered to entry of damage to original in 252 BC article the Iranian legislative procedure is more reasonable than French legislative procedures that exercise of right, is bounded to observance of the six months’ respite in 1183 article of its new law which was executive in October 1916; because during a period of six months, authorizing a person for exercise of right as a general rule maybe considered as panacea after death, at least in some transactions such as unauthorized contract of securities that even hundredths of a second is crucial or perishable goods and etc.
Keywords
blunt, relative nullity
original rights
unauthorized transactions, validity and rejecting deal
Subjects
Farsi
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  • Receive Date 07 January 2018
  • Revise Date 11 August 2018
  • Accept Date 20 February 2018