The Feasibility of Citing Illegitimate Intention to Invalidate a Fraudulent Act in Iran's Law

Abstract

The issue of fraud in relation to the law and its effects in domestic law and private international law is one of the challenging topics that, due to the Iranian legislator's silence, there are different views about it. One of the points of view is the invalidity of the fraudulent act and, as a result, the lack of following the intended results, and to prove this point of view, they have relied on the theory of illegitimate intention, which is reflected in articles 217 and 218 of the Civil Code. But a reflection on the cases raises the question of how the provisions of these articles can invalidate the fraudulent act? This article, using the analytical method and comparative study and referring to the jurisprudential base of the mentioned articles, has come to the conclusion that due to the fundamental conceptual and exemplary differences between “illegitimate intention” and “fraud against the law”, it is logically impossible to infer the rules of fraud from these two articles. Also, even with the assumption of inferibility, invalidity of fraudulent act and other points of view cannot be deduced from these two articles, but the new point of view of “suspension of fraudulent act” is inferred.

Keywords

• fraud
• elements of fraud
• effects of fraud
• illegitimate intention
• inherent illegitimacy
• contingent illegitimacy
• adventitious illegitimacy