A Comparative Study of the Legal Status of Minor Contracts and the Basis of their Validity in Iranian and UK Laws

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Shobeiri Zanjani Seyyed Hassan; MOUSAVI SEYYED AHMAD

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Journal: Journal of Comparative Law Year:2018 | Volume:14 | Issue:2 (110) Page(s): 143-162

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Information Journal Paper

Title

A Comparative Study of the Legal Status of Minor Contracts and the Basis of their Validity in Iranian and UK Laws

Author(s)

Shobeiri Zanjani Seyyed Hassan | MOUSAVI SEYYED AHMAD | Issue Writer Certificate

Keywords

Minor’Q1

s Contract Contract Law Validity Basis Necessary Contract Beneficial Contract Voidable ContractsQ1

Abstract

One of the commonalities of all legal systems in the field of contract law is the requirement of legal capacity of the parties entering into a contract. One of the criteria of this competency is related to mental ability to exercise their financial rights and responsibilities. According to an ancient rule, contracts of a range of persons including minors who suffer from lack of contractual intention have no legal effect except in rare circumstances. But nowadays with the overall increase in human beings’ rate of knowledge and the spread of human rights ideas to protect the interests of persons, the law of contract in many countries recognizes the legal validity of minors’ beneficial contracts and the voidable character of certain beneficial but risky transactions of the minors and provides for the supervision of the guardians in order to reduce the number of their void contracts. The broad agreement of Iranian and English legal systems in adopting a common basis and approach, on one hand, and their difference on other aspects, on the other hand, provide a good reason for a comparative study of their legal institutions. Building on these common and differentiated points, one may expect the Iranian legislator to provide for measures intended to prepare minors for their legal life after maturity. These measures may include provisions such as those found in English contract law for the validity of minors’ beneficial contracts

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APA: Copy

Shobeiri Zanjani, Seyyed Hassan, & MOUSAVI, SEYYED AHMAD. (2018). A Comparative Study of the Legal Status of Minor Contracts and the Basis of their Validity in Iranian and UK Laws. COMPARATIVE LAW (NAMEH-YE MOFID), 14(2 (110) ), 143-162. SID. https://sid.ir/paper/360550/en

Vancouver: Copy

Shobeiri Zanjani Seyyed Hassan, MOUSAVI SEYYED AHMAD. A Comparative Study of the Legal Status of Minor Contracts and the Basis of their Validity in Iranian and UK Laws. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2018;14(2 (110) ):143-162. Available from: https://sid.ir/paper/360550/en

IEEE: Copy

Seyyed Hassan Shobeiri Zanjani, and SEYYED AHMAD MOUSAVI, “A Comparative Study of the Legal Status of Minor Contracts and the Basis of their Validity in Iranian and UK Laws,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 14, no. 2 (110) , pp. 143–162, 2018, [Online]. Available: https://sid.ir/paper/360550/en

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