Investigating the status of invalidity and non-influence of government transactions

Document Type : Original Article

Authors

1 PhD Student in Private Law, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran

2 Assistant Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan

3 Assistant Professor of Law, Gorgan Branch of Islamic Azad University, Gorgan, Iran

Abstract

According to the articles of the Civil Code and the study of legal principles, we can achieve that it is important that some transactions with the conditions mentioned in the law are valid transactions and some transactions are invalid and in some cases are considered as ineffective transactions. And in this respect the omission makes no difference between the majority of private and public contracts.
By considering the elements of transactions, true and false government transactions can be distinguished from each other. However, the most thought-provoking debate is over the invalidity of government transactions. Because, according to Article 663 of the Civil Code, it can be said that any action taken by a lawyer or legal representative, including a government director, outside his authority is ineffective. This view, where it is a government contract and a form of government sovereignty, will have adverse effects and will cause people to distrust government departments and organizations, as well as violate the rights of ignorant and well-meaning individuals in this regard. It can be examined and removed from the perspective of public law and collective interests, the theory of apparent power of attorney, the unity of the criteria of commercial law and the theory of repairability of administrative practice, so that such contracts can be considered valid under certain conditions.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1975-1990

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