نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
The theory of the conversion of null act into valid act is one of the most important and fundamental solutions to the global policy of rescuing void contracts. This theory first became legal in Article 5 of German Civil Law and is currently accepted by most contemporary legal systems, but unfortunately, it is not yet recognized in the Iranian legal system. There is a great deal of evidence in Imamia jurisprudence which shows that the acceptance of this theory in Imamia jurisprudence and consequently in the Iranian legal system is devoid of any objection. According to the writers, common sense accepts in cases where contract subject to mutual agreement is void, and at the same time, that contract is subject to the elements of another contract, according to the court order, the effects of the new contract can be applied to that null and void contract. At present, most intellectuals agree with this theory. The examination of the legal documents of countries such as Egypt and France shows us that it is not so difficult to accept this theory in the Iranian legal system because the legal system of Iran and Egypt has been in written and codified form. In the legal system of Iran, the conversion follows the teachings of Islamic law, and the effect of the French law on civil and commercial regulations of both countries is evident.
کلیدواژهها English
