A look at the theory of nonexistence of contract on the law of Iran and France

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karimpour alehashem seyed mohammadtaghi; alavi seyed mohammad taghi; MASOUDI NASER; MAZHARI MOHAMMAD

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Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:27 Page(s): 115-138

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Title

A look at the theory of nonexistence of contract on the law of Iran and France

Author(s)

karimpour alehashem seyed mohammadtaghi | alavi seyed mohammad taghi | MASOUDI NASER | MAZHARI MOHAMMAD | Issue Writer Certificate

Keywords

Nonexistence of contractQ1

Absoliute nullityQ1

Relative nullityQ1

Validity of contractQ1

Transformation on validity of contractQ1

Abstract

The idea of non-existence of a contract has been considered along with the types of void contracts, called absolute and relative void. In recent decades, Iranian-French legal doctrines have been trying to abandon this theory and to theorize only on the basis of two parts of absolute and relative. Nevertheless, since the past decades, French judicial practice has been referring to this theory with no hesitation. Since the foundation, content and regulation of this type of invalidity are different from invalidity in other cases, it is not appropriate and logical to treat the both in the same manner. Therefore, for the purpose of accepting this theory, this article emphasizes on the necessity of accepting this theory in Iranian and French law, and outlines some of its technical and practical benefits, including the effects of this theory, which takes into account terms and conditions of transactions. At the same time, my view of accepting the theory is important in terms of its application.

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APA: Copy

karimpour alehashem, seyed mohammadtaghi, alavi, seyed mohammad taghi, MASOUDI, NASER, & MAZHARI, MOHAMMAD. (2019). A look at the theory of nonexistence of contract on the law of Iran and France. PRIVATE LAW, 7(27 ), 115-138. SID. https://sid.ir/paper/252742/en

Vancouver: Copy

karimpour alehashem seyed mohammadtaghi, alavi seyed mohammad taghi, MASOUDI NASER, MAZHARI MOHAMMAD. A look at the theory of nonexistence of contract on the law of Iran and France. PRIVATE LAW[Internet]. 2019;7(27 ):115-138. Available from: https://sid.ir/paper/252742/en

IEEE: Copy

seyed mohammadtaghi karimpour alehashem, seyed mohammad taghi alavi, NASER MASOUDI, and MOHAMMAD MAZHARI, “A look at the theory of nonexistence of contract on the law of Iran and France,” PRIVATE LAW, vol. 7, no. 27 , pp. 115–138, 2019, [Online]. Available: https://sid.ir/paper/252742/en

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