Analyzing the Transaction with the Intention of Evading Debt based on the Principle of Contractual Security
Subject Areas : Jurisprudence and Criminal Law Doctrines
Hasan Omidvar
1
(Doctoral student of private law, University of Tehran, Tehran, Iran.)
mahdi sheydaeiyan
2
(Associate Professor, Department of Criminal Law and Criminology, University of Tehran.)
Yegane Birang
3
(Master's student in Criminal Law and Criminology, South Tehran Branch, Islamic Azad University, Tehran, Iran)
Adnan Omrani far
4
(PhD student in criminal law and criminology, University of Tehran, Tehran, Iran)
Keywords: Economic security, transaction, transaction with the intention of evading debt, contractual security opportunism,
Abstract :
Among the threatening factors of contractual security are the use of clever methods by the debtor to prevent the confiscation of property and the fulfillment of the claim by the creditor and generally evading social and economic obligations, which in legal terms is called a transaction with the intention of evading debt. In the meantime, what causes the loss of contractual security and weak credit in business relations with others is the trick of the debtor to avoid paying the debt and harming the creditor due to non-fulfillment of all or part of the demand. It seems that according to the illegitimate nature of this type of transactions, reference to Article 40 of the Constitution with an emphasis on the La-Zarar rule, as well as the precedence of the internal volition over the external volition in contracts and since the debtor's property is the basis of his financial obligations and the creditor trusted him on the basis of this general guarantee and with the loss of this support, he not only caused an undue loss to the creditors but also undermined the security of trade and social trust. It is possible to review the verdict of this type of transaction, which the user of Article 218 of the Civil Code deems invalid only if they are formal, without any conditions, a sentence can be issued to prohibit or invalidate transactions with the intention of evading debt and the basis of invalidity was the public order arising from the principle of contractual security, but in French law, transactions with the intention of evading debt, in terms of the status of legal practice, are in accordance with the lack of citation and cannot be cited against valid parties, but against the creditor to the extent that it is detrimental to him; but if the third party benefits from the concluded legal action, he can rely on it.
کتاب شناسی
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