Document Type : Original Article
Authors
1
PhD student in the Department of Private Law, East Azerbaijan Science and Research Branch, Islamic Azad University, Tabriz, Iran
2
Associate Professor, Faculty Member, Faculty of Law and Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran. (Corresponding Author).
3
Assistant Professor, Faculty Member, Department of Jurisprudence and Fundamentals of Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
4
Assistant Professor, Faculty Member, Faculty of Law and Political Science, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
Abstract
An option contract is a type of pre-contract and a derivative instrument. Despite the fact that this contract is known and very efficient in the world market, but it is an emerging contract in Iran and one of the reasons for not using it is not recognizing the effects of the contract. Therefore, in this research, which has a completely practical aspect, the effects of the contract of option in Iranian law and French law as one of the most prominent legal systems in the world have been discussed.
The effects of certain contracts are defined by the legislature, but there are also effects that are essentially common between contracts, both definite and indefinite. On the other hand, due to the unique nature of the contract, the option to trade the effects of this contract before the exercise of the right and after the exercise of the right is different. Also in discussing the effects of the contract, we are faced with the issue of the relative principle of the effects of the contracts and its exceptions.
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