A look at the theory of nonexistence of contract on the law of Iran and France

Abstract

The idea of non-existence of a contract has been considered along with the types of void contracts, called absolute and relative void. In recent decades, Iranian-French legal doctrines have been trying to abandon this theory and to theorize only on the basis of two parts of absolute and relative. Nevertheless, since the past decades, French judicial practice has been referring to this theory with no hesitation. Since the foundation, content and regulation of this type of invalidity are different from invalidity in other cases, it is not appropriate and logical to treat the both in the same manner. Therefore, for the purpose of accepting this theory, this article emphasizes on the necessity of accepting this theory in Iranian and French law, and outlines some of its technical and practical benefits, including the effects of this theory, which takes into account terms and conditions of transactions. At the same time, my view of accepting the theory is important in terms of its application

Keywords

• nonexistence of contract
• absoliute nullity
• relative nullity
• validity of contract
• transformation on validity of contract