Document Type : Original Article
Authors
1
PhD Student, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran
2
Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran
3
Assistant Professor, Law Department, Karaj Branch, Islamic Azad University, Karaj, Iran
Abstract
According to Article 223 of the Civil Code, "any transaction that has taken place is a product of validity, unless its corruption is proven." That is, the principle is that every transaction that has taken place has all the basic conditions for the validity of the transaction and the specific conditions of the contract, and therefore the principle is for its validity as long as it is not proven otherwise, it remains valid and strong if one of the parties He claims that at the time of the transaction, one of the basic conditions for the validity of the transaction did not exist. In any case, the implementation of the principle of correctness is in a case where there is no doubt in the apparent occurrence of the contract, and otherwise the doubt in the realization of the contract and the difference in its occurrence can not resolved with the principle of correctness. The mentioned principle has many applications in Iranian law and several articles of our laws have been regulated and approved based on this principle. What is mainly discussed in this article is generalities about the principle of correctness, necessity and its effect on laws. On the other hand, the historical background and its nature, as well as the principle of correctness in legal and thematic doubt and the conflict between istishab and the principle of correctness and the principle of correctness in Sunni jurisprudence will be discussed in terms of their relevance to the subject of research
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