List of Articles Invalidity

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  1 - Comparative study of mistake and its effects on the civil law of Iran and France
  Reza Fazli Ahmad Yousefi Sadeghlou
  10.30495/jlap.2021.18970
  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 relations More

  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. Manuscript profile
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  2 - A Reflection on the Effects of Objection to Foreign and International Arbitral Awards and Its Cases of Cancellation in the Iranian Legal System and International Documents
  Mojtaba Zahedian Ehsan Bazmi Mayovan
  10.30495/jlap.2022.20135
  In recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge More

  In recent decades, arbitration has emerged as an effective method for the peaceful settlement of international disputes. However, the dominance of national courts over the arbitration process, as well as its rulings, remains strong. Recognition of the right to challenge the arbitrator's award in international instruments such as the ICSID Arbitration Convention and the International Commercial Arbitration Law in the Iranian legal system is the most important manifestation of national courts' oversight of the arbitration process; However, support for the arbitration process requires that the grounds for objection be as minimal as possible. Explaining Evaluating the effects on them seems inevitable. The descriptive-analytical study of this issue confirms that the non-substantial intervention of the national courts as well as the non-extraterritorial implementation of the annulled arbitral award are the most important effects on the objection to foreign and international arbitral awards. Regarding the aspects (cases) of annulment of foreign and international arbitrations, it should be said that the development of these aspects in the Iranian legal system - which is reflected in the cases of annulment and invalidity of the award in the International Commercial Arbitration Law - is a serious threat to development. Optimal arbitration and its institutionalization in the field of social, economic and international relations, which requires the determination of the country's legislator to make reforms in this legal establishment. Manuscript profile
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  3 - Oath taking and its role in proving crime from the view point of jurisprudence and Iranian statute law
  َAhmad porghasemi Esmat al-Sadat Tabatabaei Lotfi
  Qasāmah, i.e. Oath taking, is an approved procedure in the Islamic fiqh and law, which is applicable both to verify and nullify the crime in the case of invalidity or lack of crime proofs. The legitimacy of oath taking is based on the Islamic traditions and considering More

  Qasāmah, i.e. Oath taking, is an approved procedure in the Islamic fiqh and law, which is applicable both to verify and nullify the crime in the case of invalidity or lack of crime proofs. The legitimacy of oath taking is based on the Islamic traditions and considering its prohibitive force in concern with concealed murders or unjustified accusation, it has been approved and established for immunity of the society and acting cautiously in regard with the lives of the people. The oath taking procedure was proposed by the jurists and it was approved in the criminal law with minor changes in 2013 and it includes issues such as the domain of usage, the quality of performing oath taking, number of oaths in voluntary and involuntary murders and in crimes other than murder, validity or invalidity of repeating oaths to achieve the threshold, repeating oath taking in case of involvement of multiple parties, the characteristics of the ones to take oath and the manner of oath taking. In the criminal law of 2013, a period of three month has been considered for oath taking by the claimant or the accused. Manuscript profile
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  4 - Corruption Effects of Contract Invalidity on Grasped Property in Imamiyeh Jurisprudence and Iran's Law and its Adaptation with Egypt's Law
  abbas kalantari zeynab hesami mohesen shaery
  In this article, the authors want to study the effects of invalidity of contract on grasped property in Imamiyeh Jurisprudence and Iran's law and compare it with Egypt's law. They also indicated the viewpoints of some Imamiyeh jurists and Iranian juristic. Imamiyeh jur More

  In this article, the authors want to study the effects of invalidity of contract on grasped property in Imamiyeh Jurisprudence and Iran's law and compare it with Egypt's law. They also indicated the viewpoints of some Imamiyeh jurists and Iranian juristic. Imamiyeh jurists account invalidity of contract to inability of ownership transfer, inviolability of possession and necessity of immediately reclamation of property and compensation. In article 308, 311 and 336 of civil code this issue has been analyzed. Iranian legislator also assume the responsibility of giver as the responsibility of usurper, if the transactions go wrong and become invalid. In the civil law of Egypt, based on article 142, the giver should modify the property if the transaction become invalid. Manuscript profile
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  5 - Invalidity of Endowment in Cases of Selling License
  farj behzad moharam irani
  In discussion of selling endowment, the general principle is lack of selling endowment. There is disagreement between jurists in getting out of this general rule, but most jurists and even lawyers and civil law of Iran believe in selling endowment in certain cases. In c More

  In discussion of selling endowment, the general principle is lack of selling endowment. There is disagreement between jurists in getting out of this general rule, but most jurists and even lawyers and civil law of Iran believe in selling endowment in certain cases. In case of selling endowment in answering to this basic question that if endowment is being invalid in selling or endowment remains in endowment case until the time of selling endowment and is been invalid by external selling. There are three theories: the first theory believes in being invalid of endowment by selling. The second theory believes in being invalid of endowment by external selling and third theory by expressing 8 cases as the cases of selling licenses believe in extending and in some cases believe in being invalid of endowment by selling and in some cases believe in being invalid by external selling. Manuscript profile
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  6 - Jurisprudence Study of Transferor Lawful Possession in Mortgaged Asset
  mohsen safari samad yousefzadeh
  The possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which More

  The possession of transferor in mortgaged asset is one of the discursive issues in jurisprudence Imamieh , civil law , and judicial precedents . There are different opinions presented by the jurists in this regard, each of which has got many pros and cons. Chattered mortgage is the patent possession of transferor of the mortgaged asset. There are three theories of validity, lack of influence and invalidity which are presented in this article regarding to this issue. It is attempted in this article to extract the theory which is consistent with the subject entity and the truth of the case, with consideration the judicially and legally, so that the problem of the diversity of judicial verdicts could be solved. Based on the above discussion, it is attempted to shed light on this issue that if the mortgager sells the mortgage's property to third party after the fulfillment of the security agreement, what will happen to the contract of sale? Is that correct, non-affective or null? In this survey it is reasoned using legal texts that the law legislator in the matter on hand has followed the theory of nullity of transfer in regard to the mortgage property. This theory is exactly to explain the jurists' views. However It should be mentioned that the consequence of the nullity goes only to the mortgagee not to the parties of a contraction. Finally, the agreement between the buyer and the seller will have full effect by removing the legal impediment (The subsidiary security interest of the mortgage) from the mortgaged asset. Manuscript profile
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  7 - The Kind of Responsibility and Consequences of the Nullity of Commutative Contracts
  Behzad Pourseyyed Mostafa Shafizadeh Mohammad Sadeghi
  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 inva More

  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.       Manuscript profile
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  8 - Jurisprudential and legal study of the right of termination in partial invalidity of the contract with a comparative study of common law
  Ali Eslami panah Asiyeh Alaee
  10.30495/alr.2022.1945504.2217
  Background and Aim: Annulment has its own characteristics, coordinates and principles that are fundamentally different from other cases of termination of the contract, such as termination, etc. This annulment may occur only in a part of the contract and lead to its part More

  Background and Aim: Annulment has its own characteristics, coordinates and principles that are fundamentally different from other cases of termination of the contract, such as termination, etc. This annulment may occur only in a part of the contract and lead to its partial annulment. . In order to protect the rights of victims from minor invalidity, different solutions have been proposed in different legal systems. The right to terminate the right part of the contract is one of the solutions that is accepted in the jurisprudential and legal system of Iran and is referred to as the "option of discrimination". Is to examine the acceptance of such a right for the victim of a minor invalidity of the contract and its conformity or non-conformity with justice and fairness and legal principles.Method: In this research, analytical and descriptive methods have been used.Findings and Results: The right of termination is not only not contrary to the "principle of necessity of contracts" but also in accordance with the important jurisprudential rule of "no harm" and also in accordance with justice and fairness. Of course, the absoluteness of this right can be contrary to the above rules, and it is necessary to imagine restrictions such as "desirable unity" and "desirable plurality" for it. The option of segregation discrimination is not provided for in Iranian law, but it can be reconciled with some cases of termination right provided for in British law. Manuscript profile
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  9 - The Effects of the Cancellation of a Contract on the Alienable Possession from the Standpoints of Iranian Law and Imamieh Jurisprudence
  Hossein Jafari Samet Mahshid Sadat Tabaei Javad Niknejad,
  Although, the contracts are binding, but in some occasions, due to some reasons, one of the parties may decide to cancel a contract. A cancellation of contract results in termination of a contract and its effects. The important point regarding the cancellation of a cont More

  Although, the contracts are binding, but in some occasions, due to some reasons, one of the parties may decide to cancel a contract. A cancellation of contract results in termination of a contract and its effects. The important point regarding the cancellation of a contract is that, if, after concluding a contract and before cancellation, a transferee take the possession of an object of transaction as a transferor, for example, if they sell an object of transaction to a third party, what may be the effects of cancellation of the contract on the alienable possession? Dose it results also in cancellation of the selling, or, principally, the transferee might not to do the transferring acts? And, as the consequence, the transaction is invalid? There is some disagreement among the lawyers and jurisprudents on the interpretations of Iranian law and Imamieh jurisprudence. Although, there is less disagreement on the interpretations of legal cancellations of contracts, and, principally, the jurisprudents and lawyers both believe that this cancellation has no effects on the validity of the selling. Then, the transferee should return the object of transaction to the transferor. But, on the contractual powers, including option of condition, there is disagreement between the lawyers and the jurisprudents. Some of them believe that in those options of conditions there is an implicit condition that one against whom an option is stipulated may not take possession of an object, including the possession of the object of a transaction, by violation of conditions, otherwise, the transaction is invalid. Some other believe that, regarding the mentioned options of conditions, unless it is expressly stipulated otherwise, one against whom an option is stipulated may not take possession of an object of transaction. Manuscript profile