Evaluating the view of the effect of the void clause in establishing the right of termination for constitutional law in Imamiyyah jurisprudence and Iranian law with a view to foreign legal systems.

Chetsazyan, Morteza; Chitsazian, Morteza

doi:10.22034/mfu.2024.140485.1387

Evaluating the view of the effect of the void clause in establishing the right of termination for constitutional law in Imamiyyah jurisprudence and Iranian law with a view to foreign legal systems.

Document Type : Original Article

Authors

¹ Assistant professor of jurisprudence and private law, Shahid Motahari University, Tehran, Iran.

² Daneshjoi Doctorate of Jurisprudence and Fundamentals of Daneshvah Shahid Mutahri

10.22034/mfu.2024.140485.1387

Abstract

the contract, sometimes it causes ignorance of the other parties, and sometimes it is not like these last two types. In the first two cases, it causes the nullity of the contract, but in the third case, according to popular opinion, it does not cause the nullity of the contract, but whether it can affect the contract or not? There is a serious difference of opinion among experts. According to popular opinion, the effect of such conditions on the contract has appeared in the form of granting the right of termination for constitutional law.This research, with analytical-descriptive method and referring to library sources, seeks to answer the question whether the conditions in question give rise to the right to terminate the contract. What views or views have jurists and jurists put forward in this field? Is the granting of the right of termination for a conditional agreement compatible with the standards of transaction jurisprudence? What is the position of contemporary legal systems in this field?
The result of the research shows that although the point of view of absolute proof of the right of termination without following a condition according to the foundations and documentation is the option of violation of the condition; However, the principle of establishing the contract and the principle of adherence to the illegal matter provides the conditions leading to the detailed view of the knowledge and ignorance of the constitutional law regarding corruption, and in this respect, it is more compatible with jurisprudential and legal logic.

Keywords