بررسي تطبيقي اثر قهقرايي فسخ

circumstances, Adaptation. The comparative review of effect of cancellation

In the present paper , it is tried to revise an order itʹs correctness not questioned up to now. This order is the future effect of cancellation. Lawyer and jurisprudentsʹ minds are accustomed to the fact that the effect of cancellation is towards the future and consequently as soon as the realization of cancellation, contract is disappeared and the previous effect of it remains compeletly. But what has become present in today international transactions is different from the common procedure in our domestic law. According to the recently mentioned theories, cancellation leads to the retrograde decline of the contract. It seems that choosing this theory as the preferred one is suitable. The present paper tries to approve this theory and promotes the fundamentals of the favoured theory. Key words: Cancellation, Retrograde effect, Future effect, Benefits, Restitution litigation.