The Term Which is Contrary to the Requirements of the Substance (Nature) of Contract

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Maghsoudi reza; MOHAGHEGH DAMAD SEYYED MUSTAFA; Allameh Seyed Mahdi; Mazloom Rahni Alireza; Asadi Koohbad Hormoz

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2023 | Volume:15 | Issue:27 Page(s): 317-336

Download Full-Text

Persian Verion

View:

380

Download:

Cites:

Information Journal Paper

Title

The Term Which is Contrary to the Requirements of the Substance (Nature) of Contract

Author(s)

Keywords

ConditionQ4

Requirement of contractQ4

Effect of contractQ4

Elements of contractQ4

Abstract

The compatibility with the requirements of the contract, according to clause 1 of Article 233 of the Civil Code, is one of the special Conditions of the correctness (validity) of the Condition. However, it is silent about the basis of the nullity of the repugnant Condition and it is also, silent about what the criterion is in determining and distinguishing the requirements of the substance from the absoluteness. Therefore, the mentioned ruling (judgment) is not comprehensive and clear and is insufficient. This shortcoming and obscurity have caused a difference of opinion among civil rights authors. First of all, the authors by descriptive-analytical method enumerate and explain the theoretical foundations of the aforementioned ruling, including rational proof and narrative proof in jurisprudential works, and then, selects the theory of the Elements of contracts among the interpretations available in the criterion of distinguishing the necessity of the substance (essence, nature) from the application. Therefore, any Condition which is contrary to one of the general or specific elements of the contract, because of the contradiction within that Condition in relation to that contract, is an obstacle to the realization of the contract and against the requirements of the nature of the contract.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops