Effect transactions in the emergency caused by the reluctance of Jurisprudence and Iranian Law

Document Type : Research Article

Authors

1 amam sadegh

2 Associate Professor, Department of Private Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

Abstract

Although the specific meaning today with the threat and overcome reluctance to happen, In legal relations, but there is less pressure to conclude a contract that affects a person's free will, to other modes of glaring. Accordingly, although sometimes reluctantly in the form of emergency because of the urgency of MyPyvndd personal aspects, but this pressure and external threats emerge in the context of a screw. This occurred in two cases MyPyvndd which is divided into different types; 1. emergency contract due to reluctance on the transaction 2. emergency contract due to reluctance on the hesitant action. On the effects of the transaction in distress in the first case, the opinions of jurists and lawyers is different jurists and lawyers know the correct emergency deal it consequently warrant the accuracy sanctions, nullity and lack of influence over the limitations stated that the It seems that due to the realization of the spiritual element of reluctance, lack of influence in this case the transaction is consistent with legal logic. To effect a transaction in the second case, almost all of it blunt and know the difference. Accordingly, emergency transactions that actually occurs in the context of an external pressure, blunt and requires further confirmation in distress is the correct emergency deal breath as though in throughput.

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History

  • Receive Date: 14 April 2017
  • Revise Date: 16 August 2018
  • Accept Date: 30 August 2018

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