Investigating the conditions of validity of contracts in Iranian civil law and its impact on economic stability

Document Type : Original Article

Authors

1 PhD Student, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran

2 Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran

3 Investigating the conditions of validity of contracts in Iranian civil law and its impact on economic stability

10.30510/psi.2022.329653.3120

Abstract

An important issue in the field of civil law as well as the jurisprudence of contracts is the discussion of the necessity or non-necessity of observing the basic conditions for the validity of transactions regarding the terms of the contract. In the Iranian civil law, the conditions for the validity of the condition are not explicitly enumerated. One group mainly cites that the condition is also a kind of agreement, all the basic conditions of the validity of the transaction must be observed, and in contrast, another group considers the conditions mentioned in Article 190 of the Civil Code to be related to independent and original agreements. They do not face it unconditionally in the field of conditions during the contract. In particular, invalid conditions are enshrined in civil law, and the legislature has not specified such things as invalid conditions as invalid conditions. This article considers the provision of an appropriate answer to the issue in question depends on paying attention to the principles of civil law in the field of basic and general conditions of contract validity. Examining these principles, we come to the conclusion that intention, consent, competence and the necessity of legitimacy are necessary for a condition such as contracts, but in principle, a brief knowledge of the subject is sufficient.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 3693-3708

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