نوع مقاله : مقاله پژوهشی
چکیده
کلیدواژهها
عنوان مقاله [English]
In the Islamic jurisprudence the vice of consent was not considered. Somebody said that Islamic jurists have dealt with this question, but the most of the jurists have said that duress destroys the consent.Duress is: Extraordinary and unlawful pressure from a human being on the other, with the intention of destroying the consent, so that the person under threat, because of fear, is persuaded that he will have a considerable damage, so that he will make a contract.Iranian lawmakers in this matter of duress and mistake have taken in consideration the French law and Islamic jurisprudence, but they have not said that duress and mistake are vice of consent.Consent, from a point of view, is twofold: consent to the contract (only), and contract with satisfaction. Contract with consent only has the meaning that it is without gladness. It seems that, in the article 199 of the civil law, the consent following duress has the first of the above two meanings. Therefore, so that a contract
کلیدواژهها [English]
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