The concept of misrepresentation and its basic conditions in Immamiyya jurisprudence and Iranian civil law

Document Type : Research Paper

Author

department of law. university of kurdistan

10.22099/jls.2024.48341.5005

Abstract

Most of the jurists consider misrepresentation option to terminate contract be limited to the cases of covering up defects and showing description, but in some writings, misrepresentation is equivalent to fainting and includes any kind of deception and fraud in transactions. The word misrepresentation means to darken and cover the reality and is synonymous with fraud. The word "ghash" has the same meaning in Arabic. Also in the opinion of jurists, it is a practice of deception that is done in order to mislead the other party to encourage him to enter into a contract. The concept of misrepresentation depends on the occurrence of deceptive operations and existence of the intention to deceive as a mental element of misrepresentation. Also, the occurrence of a mistake of the contracting party. However, there is a difference regarding the concept of deceptive operations and determining its examples in Imamiyya jurisprudence and Iranian civil law: according to a group of writers, misrepresentation only occurs with an act or omission. However, others believe: the fraud includes any kind of behavior, telling lies and deliberately keeping silent about the truth. This difference has caused the boundary of the misrepresentation to be mixed to the option breach of description. In this article the first point of those tow views has been confirmed and the independence of the option of misrepresentation has been emphasized.

Keywords

Main Subjects

Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 03 February 2024

Files

Share

How to cite

Statistics