نوع مقاله : علمی-تخصصی
نویسنده
ندارد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Iran's legal system, based on Umami jurisprudence and modeled on the French legal system, considers the guarantee of original performance to be void, in addition to being invalid, for violating the conditions set for the conclusion of the contract. Of course, on a case-by-case basis and not as a general legal rule, it has included other institutions such as relative nullity or correctable nullity into its subject laws. In this regard, the French legal system has considered the institutions of absolute nullity, relative nullity, revocable and revocable. But the legal system of Afghanistan, following the Hanafi jurisprudence, in addition to the guarantee of invalid, suspended and unenforceable executions, another general rule has been recognized and confirmed under the title of "corrupt", which causes invalidity, in the legal system of this country, it has ranks and In cases where the contract can be amended, its invalidity should be prevented; And the legal relations of the parties should continue. According to the legal system of Iran and France, corrupt and invalid contract are considered two identical and similar concepts, both of which have the same nature and only have one effect, which is ineffectiveness; However, according to the legal system of Afghanistan, a corrupt contract has an independent nature and definition from a void contract, and unlike a void contract, which is not formed from the ground up and does not acquire validity due to a disturbance in its elements, a corrupt contract does not have any problems in terms of the validity of its elements, and only Due to the disorder in the attributes, the item is considered corrupt and becomes effective after the receipt. As a result, if after the realization of the corrupt contract in the world of legal credits, receipts and receipts are realized, the effect of the contract, which is property, is achieved and the corrupt contract has legal effects.
کلیدواژهها [English]
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