Comparative study of mistake and its effects on the civil law of Iran and France

Subject Areas : Journal of Law and Politics

Reza  Fazli ¹ (PhD in Private Law, Assistant Professor and Faculty Member Islamic Azad University, Department of Private Law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University, Tehran, Iran. (Guide and responsible author): [e-mail])
Ahmad  Yousefi Sadeghlou ² (PhD in Private Law, Assistant Professor and Faculty Member Islamic Azad University, Department of Private Law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University, Tehran, Iran. (Guide and responsible author): [e-mail])

Received: 2021-03-07 Accepted : 2021-11-25 Published : 2021-12-22

Keywords: No influence, Mistake, Absolute invalidity, Volition defection, Relative invalidity. ,

Abstract :

The present article examines the mistake in Iranian law in the field of private law and its application with regard to the latest developments in the French legal system. One of the relationships between people is civil relations and the most significant civil relationship is contracts. The principles of mistake are one of the most important issues in contracts because if a mistake occurs in the contract, its fate may be affected. Mistakes are incorrect or inaccurate perceptions of reality in the elements of legal action that have different effects on the will. In fact, error is the error in knowing and believing the opposite of reality, despite the firm belief or strong suspicion and the correctness of thought and action, and is equivalent to the concept of compound ignorance. A mistake in French law causes absolute or relative invalidity, so that in Iranian law, a mistake is ineffective in some cases and effective in others. Based on the studies conducted, it can be concluded that the use of theories and experiences of French law should not lead to ambiguous legal writings, if some jurists have confused the concept of relative invalidity in French law with the lack of influence in Iranian law, such as Use of the word breach in Article 201 of the Civil law, which is used to express the guarantee of misconduct. Studies show that in Iranian law, a mistake never causes a lack of influence, because the lack of consent causes a lack of influence and the defect of consent causes the option to terminate, and absolute invalidity will be achieved by destroying the intention. Therefore, the duty of jurists is to establish principles that act in the direction of firmness of contracts, such as the principle of necessity and correctness, and on the other hand, guarantee performances such as invalidity, termination and non-influence that guarantee the interests of individuals in the face of these principles. Conclude in this regard.