نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی فقه و حقوق خصوصی دانشگاه شهید مطهری
2 دانشیار دانشگاه شهید مطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Invalidation of a legal act is not a function that the legislator and the contracting parties are looking for; Rather, on the contrary, the purpose of the contracts is to make them operational so that their intended purposes and goals are provided; In this way, the efforts of legislators are based on preventing the invalidity of legal acts in many ways. This procedure has led some jurists, especially French jurists, to a theory in which they directly find an invalid surgery and treatment. This theory has been interpreted as the regulation of legal acts. According to this theory, the substantive and formal inconsistencies that led to the invalidation of the legal act are removed and accordingly the legal act continues. In this research, we intend to study the comparative study between French law, Shia jurisprudence and Iranian law, in a descriptive-analytical way, and by referring to library sources, we will deal with the issue of what are the characteristics of the regulation of legal practice? Has this theory been successful in French law and can it be used in Iranian law and Shia jurisprudence? This research shows that the regulation of legal practice is very effective in the field of formalities and formal conditions, but in substantive conditions, it should be treated cautiously and instead, one can rely on preventive mechanisms.
کلیدواژهها [English]
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