Volume 8, Issue 20 (2005)                   IQBQ 2005, 8(20): 1-22 | Back to browse issues page

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Abdali. M, - -. The Study of Illegal Contracts (Against Public Order) in French, English and lranian Law. IQBQ. 2005; 8 (20) :1-22
URL: http://clr.modares.ac.ir/article-20-11650-en.html
1- of University of ImamKhomeini
2- -
Abstract:   (11141 Views)
The public order is one of the rules that restricts individual contractual will which has an important role in all the legal systemes. This rule that in the foreign legal writings about contracts , is studying under "the causes that invalid contracts" has not a similar state in the legal systemes of England, France and Iran. In all the adove mentioned systems, the contracts which violate public order or morals are null and void but they differ in respect of the effects of this invalidity. In all of them, enforcement of contract is impossible but there are differences in respect of possibility of restoration of consideration and possibility of brining a suit for compensation. In both England and France Law systems there are exceptions about possibility of restoration of consideration and compensation whereas there are differences between them about the type of these exceptions and the situation in which these exceptions are acted. In the Iranian legal system the enforcement of contracts Against public order is impossible also restoration of consideration and compensation (without any exception) seems to be impossible. In this article, writers have tried to discuss these subjects and criticize the traditional theory which has an age old place among Iranian Lawyers.
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Received: 2003/07/19 | Accepted: 2004/09/15 | Published: 2005/02/19

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