Explaining the conditions of realization of responsibility in repairing detriments caused by void transactions

Document Type : Original Article

Authors

1 Department of Law, Ardabil branch, Islamic Azad University, Ardabil, Iran.

2 Department of law, Ardabil branch, Islamic Azad University, Ardabil, Iran.

Abstract

until the basic conditions for the validity of the contract and, as the case may be, the specific conditions necessary for the validity of some contracts are observed and the contract does not conflict with public order and good morals, the principle is the validity of the contracts. In case of absence or non-observance of any of these conditions, the contract will be void. The annulment of the contract has effects, including the responsibility of one of the parties to the void contract to compensate the damages caused to the other party to the contract. Liability arising from a void contract and the obligation to compensate for the resulting damage is of non-contractual origin. In order to achieve the goal of civil liability, ie full compensation, it is necessary to determine the best method of compensation that the courts use as part of the compensation in each case and avoid any kind of compensation and order to pay damages in cash in all cases. In the event of an obligation and its breach, liability for breach of obligation is conceivable, which has different types of liability and includes civil or coercive liability, contractual liability, criminal and moral liability. The conditions for fulfilling the responsibility are: certainty, directness, personality, non-compensation, predictability and damage to the damaged legitimate right. In the present article, we try to discuss the conditions of fulfilling the responsibility in repairing the damage caused by false transactions by descriptive-analytical method and studying libraries.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1428-1451

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