The Kind of Responsibility and Consequences of the Nullity of Commutative Contracts

Subject Areas : Private law

Behzad Pourseyyed ¹ , Mostafa Shafizadeh ² , Mohammad Sadeghi ³

1 - دانشگاه تهران
2 - دانشگاه تهران
3 - دانشگاه امام صادق تهران

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

Keywords: Civil liability, Invalidity, Contractual liability, Non-contractual liability, Swap contracts,

Abstract :

A discussion of sanctions relates to nonconformity with authenticity conditions of contracts called encounter such as invalidity and corruption. Basically, if the contract follows without substantive terms and such form conditions prescribed to be valid, it will be invalid and respectively has no implication to this contract and subsequent enforcement has no effect. This study aims to review the concept of invalidity in Imamieh jurisprudence, Iranian law and the impact of these sanctions on swap contracts. Based on the concept of invalidity and responsibility arising from swap contracts, it can be concluded that with regard to the use of related concept between “invalidity” and “corruption”, we cannot cite compensation as a result of the invalidity of swap contracts, because there is no agreement to be regarded that person as person is liable.