The effect of the principle of correctness over the A contract with the right of termination without time in court procedure

Document Type : Research Paper

Authors

1 university of guilan

2 PhD student of Guilan University

10.22099/jls.2024.45213.4854

Abstract

In some contracts, the obligation to terminate the transaction is determined in the form of an indefinite term option. However, the explicit text of Article 401 BC has decreed the contract to be void if there is no time limit for the condition option. Ignoring the criticisms that, based on the jurisprudence of Article 401 BC, implying that the hadith of prohibiting a gharari transaction is null and void, the principle of freedom of will requires the legislator to avoid interfering in the agreement of the parties. If the contracting parties have not announced the termination of the option period, it is possible to prevent the nullity of the contract by resorting to their implicit will and customary law or by limiting the option period to the time of fulfilling the contractual obligations. By examining some court decisions, we find out that the principle of accuracy casts a heavy shadow on the ruling of Article 401 BC. Also, the courts want to interpret the contract in the form of a condition of consolidation so that by respecting the principle of freedom of will, the principle of integrity also maintains its high position.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 22 June 2024

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