The Existence Requirements of Lesion Option

Subject Areas : Private law

fakhroddin Asgahri ¹ , Sam Mohammadi ² , Sam Mohammadi ³ , Zahra Mostafavi ⁴

1 - دانشگاه بابلسر
2 - دانشگاه بابلسر
3 - دانشگاه بابلسر
4 - دانشگاه بابلسر

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: ignorance, Option, Gross differences, Existed Lesion,

Abstract :

Lesion is a serious imbalance about the value of the considerations in a contract. Aggrieved lesion can terminate the transaction. The following three conditions are necessary for the realization of lesion option: the contract is to be bilateral, the economic imbalances at the time the contract was concluded and the ignorance of swindle. Some jurists have identified the criteria for gross lesion, but, according to the famous jurists that followed by the Iranian Civil Code the usage and custom may discern it.