Estoppel Rule and Security in Transactions and Legal Relations

Subject Areas : Journal of Iranian Social Development Studies

Mohammad Feiz ¹ , Seyed Pedram Khandani ²

1 - Department of law, Faculty of lw, Islamic Azad University, Karaj branch,Iran
2 - Department of law, Faculty of law,Islamic Azad University,Karaj branch,Iran

Received: 2020-05-23 Accepted : 2020-06-15 Published : 2007-12-22

Keywords: Legal relations, Security in transactions, Estoppel, Principle of harm,

Abstract :

Although, the Estoppel rule is rooted in Western law and more precisely in the common law, but in Iran’s law, even though it is not mentioned, its functions in various legal articles and the view of legislators in order to maintain security in transactions is undeniable. Estoppel rule of thumb gives it features such as being binding, general, and social And in defining it, the doctrine of law has each expressed the features of this rule, and providing a comprehensive definition of Estoppel is not an easy task. Also this rule in many cases, it plays the role of several jurisprudential and legal rules, including the principle of harm, the prohibition of Denial made after confession, the returning the offer prohibition to the necessity. Finally, due to the need to strengthen legal relations and create order in society, any tool in this direction can be used which Estoppel is one of those tools in formalizing it in the form of legislation.