نوع مقاله : مقاله پژوهشی
نویسنده
دانشیارحقوق خصوصی، دانشکده علوم انسانی، دانشگاه آزاد اسلامی واحد تهران غرب شهر، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Although the principle is on the necessity of contracts (pacta sunt servanda), but basically there is one of the legal or making options in contracts An issue that is particularly important due to its wide application in common transactions regarding making or legal options, is the legal status of interfering transaction right of the option by one in whose favor an option from one against whom an option is stipulated. In this regard each of the legal situations: validity invalidity, and lack of influence has its advocators in Imami jurisprudence. In Iran law, the legal statuses of non-influence, unenforceability, and sometimes nullity have advocators. Unanimous ruling No. 810 of the Supreme Court regarding the legality of the mentioned transaction is to respect the third party,s right to exercise or not to exercise the right of termination by the person who has the right to choose an option. If the right of termination is not applied, the transaction that was concluded correctly will continue to exist. And if the option being exercised by the person who benefits from the option, the incompatible transaction with the option will be canceled since then.
کلیدواژهها [English]
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