A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence

Abstract

Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and neglect do not negate all the effects of the legal element, especially its effects on the direct persons (such as parties to the juridical act). In this article, due to the numerous examples of non-opposability in commercial law, by classifying the mentioned examples of inopposability in commercial law, the whyness of non-opposability in these cases is analyzed and this point is studied whether it is possible to present a general and pervasive basis for all of these multiple examples? In this study, for achieving an appropriate answer, through a comparative approach and by means of a descriptive-analytic method, in addition to investigating the foundations put forward in French law as the origin of non-opposability situation, the rules of Imamiyah jurisprudence confirming the aforementioned situation have been examined as well.

Keywords

• third parties
• legal security
• relative lack of influence
• relative lack of effect