Mistake as to the Qualities of the Party to the Contract

Document Type : Research Article

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Abstract

Mistake is considered one of the defects of will in article 199 of the civil code. Articles 200 and 201 also refer to the general rules concerning two major types of mistake, i.e. that of the object of transaction and mistake as to the identity of the party to the contract respectively.
The form of the wording of the abovementioned articles, in particular as to the effect of mistake on contracts, has brought about major differences among experts in law.
The difference between the French legal system and Imamiyya jurisprudence, both of which being the primary sources of the codification of Iran’s civil code, has given rise to these differences.
It seems that the ambiguity present in the foregoing articles also emanates from this very fact.
On the other hand, mistake as to the party to the contract has various dimensions analysis of each or which involves an independent research. Explaining the problem in the French legal system and Imamiyya jurisprudence, the present article seeks to present a true interpretation of mistake and its effect on the party to the contract.
Therefore, explaining the various types of mistake as to the party to the contract (the 1st issue), it deals with the main qualities of the party to the contract and their effects (the 2nd issue). Finally, the article presents the criteria for distinguishing the main qualities from secondary ones (the 4th issue)

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The Journal of Islamic Law Research
Volume 8, Issue 1 - Serial Number 25
September 2007
Pages 99-139

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History

  • Receive Date: 10 June 2007
  • Revise Date: 11 July 2007
  • Accept Date: 24 July 2007

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