A Reflection on the Necessity of Creation and Adoption in the Realm of Mistake in Legal Practices with an Approach to Imam Khomeini's Theory

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Keshavarzi Valdani Morteza; Naseri Moghadam Hossein

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Journal: Matin research journal Year:2019 | Volume:21 | Issue:83 Page(s): 75-98

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Title

A Reflection on the Necessity of Creation and Adoption in the Realm of Mistake in Legal Practices with an Approach to Imam Khomeini's Theory

Author(s)

Keshavarzi Valdani Morteza | Naseri Moghadam Hossein | Issue Writer Certificate

Keywords

MistakeQ1

creationQ2

invalidationQ1

compliance of creation and acceptanceQ1

terminationQ1

acceptanceQ2

Abstract

The necessity of compliance of creation and acceptance and its effect on the credential realization of contract is one of the conditions that Imamite jurisprudents emphasize as a principle whose violation may cause the contract to become void in certain cases or no contract may substantially materialize in the arena of validity. However, it seems that in some cases such as some referents of minor significance in the contract, in some cases, this rule is not followed due to the need to maintain the contractual and social order as well as firmness of the deals and a Mistake in the contract causes the creation of the right to terminate and even in some cases the occurrence of Mistake does not affect the fate of the contract. This approach is also interpreted to substantiate the theory of apparent sovereign will or the adequacy of the apparent will is also interpreted in the law of some Western countries, including Germany, within the scope of contracts, and is recognized as a strategy for the necessity of contracts and the avoidance of shakiness of contracts. A strategy that, of course, is also understood from the statements of some contemporary jurisprudents, including Imam Khomeini, about the nature of the contract and the role of creation and acceptance in its realization.

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APA: Copy

Keshavarzi Valdani, Morteza, & Naseri Moghadam, Hossein. (2019). A Reflection on the Necessity of Creation and Adoption in the Realm of Mistake in Legal Practices with an Approach to Imam Khomeini's Theory. PAZHUHESHNAMEH MATIN, 21(83 ), 75-98. SID. https://sid.ir/paper/93783/en

Vancouver: Copy

Keshavarzi Valdani Morteza, Naseri Moghadam Hossein. A Reflection on the Necessity of Creation and Adoption in the Realm of Mistake in Legal Practices with an Approach to Imam Khomeini's Theory. PAZHUHESHNAMEH MATIN[Internet]. 2019;21(83 ):75-98. Available from: https://sid.ir/paper/93783/en

IEEE: Copy

Morteza Keshavarzi Valdani, and Hossein Naseri Moghadam, “A Reflection on the Necessity of Creation and Adoption in the Realm of Mistake in Legal Practices with an Approach to Imam Khomeini's Theory,” PAZHUHESHNAMEH MATIN, vol. 21, no. 83 , pp. 75–98, 2019, [Online]. Available: https://sid.ir/paper/93783/en

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