نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجو دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه مازندران، بابلسر، ایران
2 استاد گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه مازندران، بابلسر، ایران
3 دانشیار گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The prevailing view in legal works is that the dissolution of a contract is the irreversible end of the contract's validity, happens that after the contract is dissolved or on the verge of its complete collapse, the will of the parties, due to reasons such as legal permission, commercial needs, economic complexities, and lack of adherence to legal formalities, leads to the recreation of the previous contract, which practically causes the legal relationship to continue after the dissolution and brings its own challenges By examining the legal articles, including Articles 501, 681, and 1148 of the Civil Code and other laws, legislator has not adopted a uniform approach in the face of this challenge, and thus raises the fundamental question of what legal forms the will of the contracting parties crystallizes its creative creativity in the effectiveness of the dissolved contract, and does the will have such power? , by utilizing jurisprudential and legal rules such as contracts are subject to the will, the principle of the sovereignty of the will, the principle of contractual freedom, and the prescription of Article 10 of the Civil Code, by going beyond traditional approaches, it will be shown that after the dissolution of the contract, the will not only does not lose its creative power,manifests its legal effects with the drafting intention of the parties. Therefore, by using the descriptive-analytical method, it is concluded that the effectiveness of the will is possible in three ways;, the continuation (flow) of the previous contract, which, by overcoming the previous dissolution, restores the terminated existence of the contract by adding a new temporal element and preserving the previous identity. by reviving and maintaining the contract, the definitive collapse of the dissolved contract is prevented the parties recreate the previous legal entity with their new drafting intention
کلیدواژهها [English]