پژوهش های حقوق تطبیقی (Dec 2023)
Comparative Studying the Effects of Mistake in Contracts in Iranian and French Law
Abstract
Misunderstanding of reality and belief that something is right, wrong or vice versa is called mistake. Understanding the concept of wrong is not possible simply, because the meaning of right and wrong is relative and temporary. However, what as a mistake requires the performance guarantee, is the event that the belief of the contracting party is not in accordance with the reality. As a result, the mistake in the legal system of Iran and France distorts the will, not the subject of the contract. In Iranian Law, a mistake is sometimes a flaw in the intention and sometimes a flaw in the intention. Based on this, the performance guarantee considered by the legislator is null and void, respectively and in other cases, according to the principle of firmness of contracts, no executive guarantee has been considered for it. In French Law, it sometimes invalidates the will and sometimes impairs it, and in other cases it does not affect the validity of the contract; Based on this, mistakes are divided into obstacles, effective and ineffective, and the guarantee of its implementation is absolute, relative, and in some cases, creating the right of cancellation; An ineffective mistake does not disrupt the contract. The purpose of this article is to explain the nature and position of the mistake by applying the descriptive-analytical method and with a comparative look at the French legal system, and to study its effects in order to provide a suitable solution to solve complex problems that usually occupy the courts of law.
