Violation of the obligation to inform in the contractual relations of persons in the laws of Iran and England

Subject Areas : International Legal Research

Shahram Ghasemi ¹ , seyed hekmatolah asgari ² , masoud reza ranbar ³

1 - Student of private law
2 - Assistant Professor of Shiraz Azad University Law School
3 - استاد یار دانشکده حقوق دانشگاه آزاد شیراز

Received: 2022-02-27 Accepted : 2022-04-09 Published : 2021-12-22

Keywords: silence, mistake, Performance Guarantee, Balance of information, doubt in the transaction,

Abstract :

ترجمه بیش از حد طولانی است و ذخیره نمی‌شودIs the obligation to inform dependent on the conclusion of the contract, or is the execution of the contract considered an independent obligation existing in all contracts? It is necessary to answer the question regarding this theory according to the contractual laws of Iran and England that if each of the parties refuses to exchange the existing, sufficient and complete knowledge and knowledge (information) about the subject, the conditions of validity and other elements and elements of the contract. What is the guarantee of the breach of the mentioned promise in the absence of notification or failure to notify? In today's modern contract law, this obligation is not only observed at the pre-contractual stage, but with the development of contractual concepts based on the principle of full good faith of the parties, the existence of this obligation is observed not only at the stage of the execution of contractual works, but also at the stage of concluding contracts. Violation of this covenant can be brought forward in both positive and negative ways with responsibility and with the guarantee of non-interference or invalidity in Iran's laws and based on the examples of mistakes and contradictions found in British contractual laws. Although the existential necessity of this commitment has resulted in the optimization of the performance of the works desired by the parties and is based on two axes;