Theory of Conversion of Null Act into Valid Act in Islamic, Iranian, Egyptian and French Law

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OLFAT NEMATOLLAH; Atarodi Fathollah

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Paper Information

Journal: Journal of Comparative Law Year:2019 | Volume:15 | Issue:1 ( 111) Page(s): 183-206

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Title

Theory of Conversion of Null Act into Valid Act in Islamic, Iranian, Egyptian and French Law

Author(s)

OLFAT NEMATOLLAH | Atarodi Fathollah | Issue Writer Certificate

Keywords

Null actQ1

Valid actQ1

Conversion of an actQ1

Interpretation of an actQ1

Description of an actQ1

Court orderQ1

Abstract

The theory of the conversion of Null act into Valid act is one of the most important and fundamental solutions to the global policy of rescuing void contracts. This theory first became legal in Article 5 of German Civil Law and is currently accepted by most contemporary legal systems, but unfortunately, it is not yet recognized in the Iranian legal system. There is a great deal of evidence in Imamia jurisprudence which shows that the acceptance of this theory in Imamia jurisprudence and consequently in the Iranian legal system is devoid of any objection. According to the writers, common sense accepts in cases where contract subject to mutual agreement is void, and at the same time, that contract is subject to the elements of another contract, according to the Court order, the effects of the new contract can be applied to that null and void contract. At present, most intellectuals agree with this theory. The examination of the legal documents of countries such as Egypt and France shows us that it is not so difficult to accept this theory in the Iranian legal system because the legal system of Iran and Egypt has been in written and codified form. In the legal system of Iran, the conversion follows the teachings of Islamic law, and the effect of the French law on civil and commercial regulations of both countries is evident.

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APA: Copy

OLFAT, NEMATOLLAH, & Atarodi, Fathollah. (2019). Theory of Conversion of Null Act into Valid Act in Islamic, Iranian, Egyptian and French Law. COMPARATIVE LAW (NAMEH-YE MOFID), 15(1 ( 111) ), 183-206. SID. https://sid.ir/paper/360552/en

Vancouver: Copy

OLFAT NEMATOLLAH, Atarodi Fathollah. Theory of Conversion of Null Act into Valid Act in Islamic, Iranian, Egyptian and French Law. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2019;15(1 ( 111) ):183-206. Available from: https://sid.ir/paper/360552/en

IEEE: Copy

NEMATOLLAH OLFAT, and Fathollah Atarodi, “Theory of Conversion of Null Act into Valid Act in Islamic, Iranian, Egyptian and French Law,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 15, no. 1 ( 111) , pp. 183–206, 2019, [Online]. Available: https://sid.ir/paper/360552/en

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