Title of article :
Common principles governing on revocable contracts Jurisprudential and legal analysis
Author/Authors :
Shafiee Fini, Hossein Faculty of Law and Political Science - Kharazmi University, Tehran , Khazaei, Ali Faculty of Law and Political Science - Kharazmi University, Tehran , Abdali, Rabi'ullah Faculty of Law and Political Science - Kharazmi University, Tehran
Abstract :
Purpose: In this article, we will examine the obligation that the parties to
the revocable contract are permitted to fulfill their obligations to this contract
until the contract is continued and not terminated, as well as study the rules
governing the formation and rules governing the dissolution of the revocable
contracts. Methodology: The present research is applied in terms of purpose
and content analysis method. In the organization of research, the documentary
and library methods have been used and the information analysis has been
obtained qualitatively and based on the inference of the researcher on the
sources and texts. Findings: One of the most important legal institutions and
organizations in all legal systems is contract and agreement so that today it is
considered as the main means of legal and economic construction of human
societies and is the cornerstone of many socio-economic relations of people in
the society. The stability and security of the socio-economic relations of the
society and the maintenance of public order depend on the credit of contracts
and the adherence of individuals to their duty and responsibility and obligation
to the contract and the implementation of its provisions. Article 184 of the
Civil Code of Iran refers only indistinctly to the two divisions and without
specifying the divider of each type and direction of division. It's as though the
aforementioned types are one of the divider. Article 184 stipulates that
contracts and transactions shall be divided into the following categories: binding
contract, revocable contract, optional contract, unconditional contract and
conditional contract. Conclusion: Regardless of the fact that people such as
Mirza Naini Sheikh Mousa Khansari in Manieh al-Taleb are not considered
revocable contract as a valid contract, nevertheless, the division of contracts
into binding and revocable has two practical uses. In the binding contract, the
two parties to the contract or one of them are committed to their covenant and
cannot arbitrarily break the covenant, but, in the revocable contract, they can
terminate the contract without any impediment. The revocable contract is
dissolved for the death and madness and imbecility of a party.
Keywords :
revocable contract , jurisprudence and law , termination , dissolution