نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری گروه حقوق خصوصی، واحد علوم و تحقیقات، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This article challenges the conventional dichotomy between annulment and nullification in Iranian legal doctrine and judicial practice. It questions the widely held assumption that annulment pertains only to official documents and nullification only to private ones. Based entirely on a detailed analysis of Iranian statutory provisions and judicial rulings, the research establishes that both remedies may apply to either type of document, depending on the nature of the legal defect involved. The annulment of a document does not imply that it was inherently void; rather, it addresses cases where a document, once apparently valid, is later declared ineffective through judicial action. In contrast, nullification arises in documents that, from inception, suffer from essential legal flaws such as forgery, mistake, coercion, or lack of legal capacity. This research introduces a novel classification of legal defects based not on the formal type of document but on substantive criteria derived from judicial reasoning. By separating the structural and procedural foundations of both actions, the study offers a new legal lens to more accurately navigate document-related disputes in Iranian civil law.
کلیدواژهها [English]
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