Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure)
Based on Articles 232 and 246 of Iranian Civil Code, issues relating to contract terms and conditions in the Code are provided in accordance with dependent terms. Based on the famous theory, in the event of void contract, its contract terms are also void, since the creation and validity of contract...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2018-03-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_8355_5778fdbd2e17647045a95d770d606046.pdf |
| _version_ | 1797375802397949952 |
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| author | Seyed Morteza Qasemzadeh Mohammad Ghorbani Jouybari |
| author_facet | Seyed Morteza Qasemzadeh Mohammad Ghorbani Jouybari |
| author_sort | Seyed Morteza Qasemzadeh |
| collection | DOAJ |
| description | Based on Articles 232 and 246 of Iranian Civil Code, issues relating to contract terms and conditions in the Code are provided in accordance with dependent terms. Based on the famous theory, in the event of void contract, its contract terms are also void, since the creation and validity of contract terms depend on the underlying contract. While separating contract terms into independent and dependent terms shows the consistency of the famous theory with dependent terms, it is possible to consider different rules and legal consequences for independent terms due to its nature, even if the contract is regarded as a void contract. In other words, there are cases in which the underlying contract is void, but its independent term(s) is valid and enforceable. This approach accords with the class file 9109981810200850, confirming the initial judgment, and it was accepted by the Supreme Court based on the Principle of 161 of the Constitution. This issue is analysed in this article. |
| first_indexed | 2024-03-08T19:29:30Z |
| format | Article |
| id | doaj.art-7b01e0e7bb3b4c88a015f22714634592 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:30Z |
| publishDate | 2018-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-7b01e0e7bb3b4c88a015f227146345922023-12-26T07:48:12ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322018-03-0162211513710.22054/jplr.2017.13129.13328355Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure)Seyed Morteza Qasemzadeh0Mohammad Ghorbani Jouybari1Professor at University of Judicial Sciences, Tehran, Iran._ phd Student in Private Law at University, Mazandaran, IranBased on Articles 232 and 246 of Iranian Civil Code, issues relating to contract terms and conditions in the Code are provided in accordance with dependent terms. Based on the famous theory, in the event of void contract, its contract terms are also void, since the creation and validity of contract terms depend on the underlying contract. While separating contract terms into independent and dependent terms shows the consistency of the famous theory with dependent terms, it is possible to consider different rules and legal consequences for independent terms due to its nature, even if the contract is regarded as a void contract. In other words, there are cases in which the underlying contract is void, but its independent term(s) is valid and enforceable. This approach accords with the class file 9109981810200850, confirming the initial judgment, and it was accepted by the Supreme Court based on the Principle of 161 of the Constitution. This issue is analysed in this article.https://jplr.atu.ac.ir/article_8355_5778fdbd2e17647045a95d770d606046.pdfmarriage conditiondependent conditionindependent conditionvoid marriagelegal procedure |
| spellingShingle | Seyed Morteza Qasemzadeh Mohammad Ghorbani Jouybari Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī marriage condition dependent condition independent condition void marriage legal procedure |
| title | Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) |
| title_full | Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) |
| title_fullStr | Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) |
| title_full_unstemmed | Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) |
| title_short | Effect of nullity of marriage on condition of independent(justification and analysis of legal procedure) |
| title_sort | effect of nullity of marriage on condition of independent justification and analysis of legal procedure |
| topic | marriage condition dependent condition independent condition void marriage legal procedure |
| url | https://jplr.atu.ac.ir/article_8355_5778fdbd2e17647045a95d770d606046.pdf |
| work_keys_str_mv | AT seyedmortezaqasemzadeh effectofnullityofmarriageonconditionofindependentjustificationandanalysisoflegalprocedure AT mohammadghorbanijouybari effectofnullityofmarriageonconditionofindependentjustificationandanalysisoflegalprocedure |