International Journal of Economy, Management and Social Sciences, 3(1) January 2014, Pages: 48-53

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International Journal of Economy, Management and Social Sciences

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Comparative Study of Rejection of Contradictions in Iran Law

and Imamieh Principles in the Light of French Law
Ghobad Kazemi 1, Mehdi Hariri *2, Khadijeh Moradi 3, Alireza Shakarbeigi 4
1

Department of Law, Kermanshah Science and Research branch, Islamic Azad University, Kermanshah, Iran.
Department ofLlaw payam Noor university, Iran.
Asistant professor, Fiqh and Law Department, Member of faculty of Razi university, Iran.

2,4
3

AR TIC LE INF O

AB STR AC T

Keywords:

There is a principle in Islamic principles and Iran law, it is called the principle of being correct by
which peoples contradictions basically correct, unless. There is some causes to nullify them. It
seems, it is called presumption lawfulness in the developing countries. The incorrect contradiction
hasn't one basic principles of contradiction, and there is no effect. The incorrect contradiction has
classified in two branches in French law (according to Madtin, cilized principles 1125, 1131)
including: absolutely incorrect, relatively incorrect.
Iran law is based on Imamieh, absolutely incorrect, and corrupted, deprived contraction in
certification, but there is no relative in correction in Imamieh which is drived from western law. It
seems, Iran relative incorrect contradiction can be move applicable. The incorrect contradiction is
certified to be applied. One of the effects of is the responsibility of one side of contradiction, it is
according to effect of contradiction. The principle of responsibility is called unconsciouslable in
French law, but it is called Mayazman, or Zeman Yad in Iran. In order to return the possible
injuries of incorrect contradictions, the civilized responsibility is based on accusement in French
law, and the subject should return injuries.
In addition to the principles of punishment, there is a right of civilized duty in Iran law, there are
also other principles, including, indirect causation, pride, no damage.

Incorrection
the different kinds of incorrections
the effects of incorrection
the result of incorrection

2014 Int. j. econ. manag. soc. sci. All rights reserved for TI Journals.

Introduction
The general principles of contradictions are very various, hence the masters of civilized rights have written the great works in the light of
western lawyers especially those from German, Roman. It is clear that the researches of law can fill the gap.
Contracts is one of the most important means of possessing everything, it is based on different conditions. Legislators have applied two
years in order to control the different conditions and to nullify the right principles. Some predict them, and some nullify the principles in
the form of guarantee, such as the guarantee of rejections including absolute, relative rejection.
The absolute rejection is known in Iran, because Iran rights is based an Imamieh, it concerns the applicable guarantees such as rejection
(absolute rejection), no-effect, ability of rejecting contracts which is treacherous. Relative rejection is not applicable in Imamieh, hence it is
not used in Irans civilized rights, though it is applicable in some Iran principle because of western origon. 1
Chapter one: Rejection
"The in correct contract is possible to have the main principles of contradiction, but it is based on 10 amendment of civilized law (it is
directly against law), such as: buy and sell weapons, drugs, national works, antiques, the material that produces energy: Uranium,
Plutonium, lottery money, buy and sell humans as a slave.2
A contract is rejected, because it hasnt one of the principles, and there is no effect, it hasnt any authority, such as small, Gheir Momayez
contract, mad contracts, drunk contracts.3
If a contract has not any condition of correct contract in 190 amendment in civilized rights, it is incorrect, corrupted, but it is except in
inconvenience which is not influenced in contraction. The process of rejecting contract is applied in French rights of Madtin 1125-1131.
Chapter two: The different rejection
Rejection is classified in two branches in French law, including: absolute rejection and relative one, it originates from Madtin 1125, 1131 of
civilized law, but an absolute rejection originates from Imamieh in Iran, but there is no relative rejection in Imamieh.
1
2
3

. Dorafshan, Mohammad Mahdi, Mohseni, Saeed, the general principles of incorrect contradictions, chapter 1, Jangal press, 1391, p-p11-12.
. Novin, Parviz, contraction of contradictions, chapter 1, Tadris press, 1384, p 144.
. Safaee, Hossein, general principles of contracts, ch. Four, Mizan press, 1385, p. 61.

* Corresponding author.
Email address: mehdihariri18@yahoo.com

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Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(1) January 2014

A) Absolute Rejection
An absolute rejection4 is the guarantee of rejecting one of principles of general benefits or applied guarantee which is one of the main
elements of legislative law, hence it can be applicable to everybody who use it. It means, rejection is contract that is not affective, and there
is not any rightful condition. Therefore, the rejected, absolute contract hasnt any effect in social relations. Some lawyers5 believe, there is
no difference in balance, non-being of contract-issue, or any rightful rejection. It concerns that an absolute, rejected contract is basically
useless, instead there is no effect, hence some6 believe an incorrect is cause of not being written, inconsistency between them or the correct
condition in which there is no effect in contract effects.
B) Relative Rejection
It is a contract which is true for one side, but for the other, it is not. The latter can ask a lawyer to nullify it.7
Relative rejection concerns a condition in which legislator uses to reject those who support them, hence the destiny of contract is in their
hands, until there is not any damage, it will be true. But if one side rejects the contract (in the right time), the contract will be nullified, and
there won't be any effect, unless there is some exceptions. 8
There is not any doubt to nullify the court right in relative rejection of FRENCH Law.9
C) The Difference between absolute and relative rejection
1- The relative rejection supports the specific peoples benefits, while absolute rejection supports the general, predicted advantages, hence
they are different, we will discuss about it in details.
2- Regarding foresaid discussions, the people who are supported by relative rejection can avoid it while they are rightfully supported, but it
is not possible in an absolute rejection.
3- Before 2008 terms of civilized, French rights, it is necessary to concern the relative rejection which is limited application. An absolute
rejection concerns the general, 30 years principles, but the relative rejection is five years.
Regarding the improvement of 17 June in 2008 in the civilized law of France, the general principles change about the range of time. The
amendment of 2224 of civilized rights is able to change 30 years to five years, hence there is no difference in these two rejections, whereas
the rightful texts may concern the different time.10
4- An absolute, incorrect contract has not any effect in the social relations. While the relative, incorrect contract is affective before the court
right, but it is not after it.11
5- Both rejection concerns the court right.
Chapter three: The case of rejection
A) The cases of absolute rejection in Iran right
1- there is no intention
2- there is no from
3- there is no condition about issue
4- unlegislative contract
5- there is no providence lafz, record, write, take
B) The cases of absolute rejection in French law
One of the main conditions which nullifies a contract is capacite de jouissance which is punishment of abandoned person. Naturally, it
concerns that concerns the private advantages, which is relative rejection. 12 One of the cases that nullify the contract is a hypothesis of
illegitimate or immoral issue. 13 Amendament 1131 of French, civilized principles which nullifies a illegitimate, incorrect contract. In fact,
the same contract is against moral and general principles which were agreed by French lawyers.
C) The case of relative rejection in French law
1- The failure of being content
Mistake, avoidance, and Tadlis is called the failure of being content in France. Which accompanies the guarantee of relative rejection. The
Article of 1117 of French, civilized law14 is "a contract which is based on mistake, rejection or misrepresentation, it is not automatically
rejected. Such cases have been discussed in chapter five, section seven".
Mistake is a failure or erreur obstacle in French rights, mistake classifies into erreur vice de consentement, Erreur indifferent, which have
been mentioned by most of new lawyers.15
4

. Grard Cornu, Vocabulaire juridique, Paris, Presses univecitaires de France, 3 edition, 1992, p. 545.
. Nasser Katozian, civilized right, general principles of contracts, chapter 2, Tehern, Sherkat Sahmi Enteshar, p 297.
. Said Mostafa Mohaghegh, Damad, Jalil Ghanavati, Said Hassan Vahdat Shabiri, Ebrahim Abdipoor Fard, The right of contracts in Imamieh, ch.1. Tehran, Samt, 1379, p.p 107108.
7
. Novin, Parviz, Contraction and Rejection of contracts, the same source, p. 145.
8
. Saeed, Mohseni, Said Mohammad Mehdi, Ghabooli Dorafshan, the concept of relative rejection, knowledge journal, 17 year, number 33, winter 1389. Pp 237-238.
9
. Gabriel Marty et Pierre Raynaud, Droit civil, les obligations, T. 1, 2 d., Paris, Sirey, 1988, n 217, p. 222;H. L. et J. Mazeauds et Franois Chabas, leons de Droit civil, T. 2,
V. l, Paris, ditions Montchrestien, 7 d. 1985, n 297, p. 300;
- Ren Japiot, Des nullitis en matire d'actes juridiques, these, Paris, 1909, p. 397, cite par Gabriel Marty et Pierre Raynaud, op. cit.
10
. Article 2224 Modifi par LOI n 2008-561 du 17 juin 2008-art.1
"Les actions personnelles ou mobilires se prescrivent par cinq ans compter du jour o le titulaire d'un droit a connu on aurait d connatre les faits lui permettant de l'exercer."
11
. Philippe Malaurie, Laurent Ayns et Philippe Stoffel- Munck, op. cit., n 706-707 et 2104, pp. 345-346 et 667.
12
. J. Flour, J. L. Aubert et . Savaux, op. cit., n227 et 335, p. 163 et 247.
13
. Philippe Malaurie, Laurent Ayns et Philippe Stoffel-Munck, op. cit., p. 343.
5
6

14

. Article 1117: "La convention contracte par erreur, violence ou dol. n'est point nulle de plein droit; elle donne seulement lieu une action en nullit ou en rescission, dans les cas et de la manire expliqus
la section VII du chapitre V present titre."

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2- Some cases of Tamtoa, Non Capacity to exercise

It follows to relative rejection. It issued to prevent them from abasement, for-example an abandonment of staff contracts of organs which
support patients and old people (amendament 1125-1 of French, civilized right) 16 or a lawyer who is responsible to sell goods (Article
1596)17.
3- Incapacite dexercice
It is one of the cases which certifies the relative rejection. It may be used in the few age. On the other hand, it may include the
psychological, physical inability, in which people should be supported18, hence such condition is relative rejection of contract, and the
opposite side cant use it. Article 1125 of French, civilized law said that "the people of incapacite dexercice cant reject the opposite
side"19 , It is relative rejection in some written texts of French law.20
4- Lesion contract
It is one of the cases to nullify a contract relatively. It means a financial damage which is imposed to one side of contract. It is not the error
of will, but it is the cause of relative rejection of contracts.21 Article 1118 of French, civilized law has approved it, "it is used while any
does not damage nullify contract or cause any damage for people"22
It is clear that any damage cannot nullify the contract. On the other hand, it is not the general causes to nullify contracts, instead legislators
predict its effect.
5- La vente de la chose dautrui est nulle
One of the cases to nullify a contract relatively in French rights is la vente de la chose dautrui est nulle23, which is not clearly expressed,
but some French legislators have used it as relative rejection. 24
D) The cases of relative rejection in Iran rights
It seems the concept of relative rejection is novice in Iran. But they have originated from western rights in some cases:
1- Article 131, improvement right of commercial rights
2- Article 424 of commercial law
3- Article 179 of naval law
Chapter four: The effects of rejection
If contract was absolutely rejected, it wouldnt influence logically, but in relative rejection, it is court which nullifies it logically, and its
effect would be worse.
A) The effects of logical rejection on the conditions
The conditional principles are sub-branches, dependant. Naturally, the principles of main rejection is subjective conditions of contracts. The
principle of biased condition is one of the main contracts of 246 article of Iran, civil law, which concerns the rejection of contracts. Hence,
if contract is rejected, they conditions will also be rejected. If a person was forced to do the conditions, he can use against condition.
It should be considered that the condition relate to the sides of contract. Therefore, is there was any exception, the sides will be
independent, hence the same rule won't be applicable. In fact, the condition of independent contract has linear relation to contract, and there
is no condition, instead their relations are linear. If there is any independent condition of contract, and it is authorized, the rejection of
contract won't be affective.
The other cases are the conditions of accelerated, degraded guarantee.25 It suggests, if other use the contract, the condition of accelerated or
degraded will nullify the contracts. Because some legislators have said, the sides of contract suggest their relations in rejecting hypothesis,
15

. Such classification refers to French, new law (Nasser Katoozian, civilized right, general principle of contracts, ch. 1, p. 421. N. 219). It seems it have been used in old French
right too (Elyas Nasif, Mosooe Al Oghood. Al Vadineh Al tejareih, Bija, Bina, ch.2. 1997, p. 128, it is called ) which was not error vice de consenetment in French,
new law, instead it is based on event of being content.
Henri, Lon, Jean et Franois Mazeaud, Leons de droit civil (par Laurent Leventeur), t. 2, Paris, ditions Montchrestien, 7d. 1995, n 161; A. Colin, H. Capitant et L. Julliot de
la morandire, op. cit., n 651.
16
. Art. 1125-1 "Sauf autorisation de justice, il est interdit, peine de nullit, quiconque exerce une fonction ou occupe un employ dansun tablissement hbergeant des personnes
ges ou dispensant des soins psychiatriques de se rendre acqureur d'un bien ou cessionnaire d'un droit appurtenant une personne admise dans l'tablissement, non plus que de
prendre bail le logement occup par cette personne avant son admission dans l'tablissement.
Pour l'application du present article, sont reputes personnes interposes, le conjoint, les ascendants et les descendants des personnes auxquelles s'appliquent les interdictions cidessus dictes."
17
. Art. 1596 "Modifi par Loi n 2007-211 du 19 fvrier 2007-art. 17 JORF 21 fvrier 2007 Ne peuvent se rendre adjudicataires, sous peine de nullit, ni par eux-mmes, ni par
personnes interposes:
Les tuteurs, des biens de ceux dont ils ont la tutelle;
Les mandataires, des biens qu'ils sont chargs de vendre;
Les administrateurs, de ceux des communes ou des tablissements publics confis leurs soins;
Les officiers publics, des biens nationaux dont les ventes se font par leur ministre.
Les fiduciaires, des biens ou droits composant le patrimoine fiduciaire".
J. Flour, J. L. Aubert et E. Savaux, op. cit., n334, p. 246, rfrence n 6.
18
. J. Flour, J. L. Aubert et . Savaux, op. cit., n 228, p. 164.
19
. Art. 1125: "Les personnes capables de s'engager ne peuvent oppose l'incapacit de ceux avec qui elles ont contract."
20
. J. Flour, J. L. Aubert et . Savaux, op. cit., n335, p. 246.
21
. Philippe Malaurie, Laurent Ayns et Philippe Stoffel-Munck, op. cit., n 519, p. 264.
22
. Article 1118: "La lesion ne vicie les conventions que dans certains contrats ou l'gard de certaines personnes, ainsi qu'il sera expliqu en la meme section."
23
. Article 1599
24
. Colin, Capitant et Julliot De la Morandire, op. cit., n 399, p. 223.

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Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(1) January 2014

in fact they do not follow the conditions of contracts. One of the cases in the same discussion is an agreement to solve the differences of a
contract by referee which is one of predicted conditions.
B) The effect of contract rejection on other contracts
It can be said, if a contract was rejected, the principle of correctness won't be applicable to nullify other contracts. If there is some relations
between the incorrect contracts and others, as if the destiny of one contract relates to the other, the destiny of other contracts will influence
on other contracts logically.
The relation between two contracts may be related to the nature of two contracts, it may be based on other sides will, so the sides of
contracts relate two contracts in separately. The clear example of relations between contracts is the relation between the main contracts and
the followed contracts. Because of article 311-21 of French law of consumption26 , if the main contract which is authorized specifically is
rejected, the present contract will lead to the same destiny. It is also true about hiring house, or borrowing contracts which are specific to
some jobs. France also follow these principles. 27
C) The degraded effects of rejection
While the court nullify the contract, it has no effect in future, instead, the effects relate to the past, hence it will nullify it from beginning. In
fact the effects of rejection suggest that a contract can be studied, then rejection means to saves tools, but while rejection uses after
contraction, the effects of contracts appear better, therefore, the situations of things should return to the previous, as if there wasnt any
contract before.28
Whereas the contracts of third persons have no effect (the principle of relative contracts), the is a question, what is the effect of rejecting
contracts on the third person?
It is clear that the third person has no relation with the sides of a contract, them they won't be discussed. Some of French legislators29 have
expressed that the third persons are those who are responsible for the sides of contracts, they have also acceded their rights.30
The Exceptions relate to the past, the rejection of third person
a) Exception of authorized guarantee
A effect of contract Baia is responsibility of seller to certify the customers rights in French law. Article 1625 of French, civil law says,
"responsibility between seller and customer has two issues: First, possession of sold goods, the other is the hidden of the object or the
damages that nullify the contract.31 Article 1626 concerns the responsibility to certify that "whereas there is no condition in the case of
authorized responsibility in Bay contract, seller is responsible to certify the customer in abandoning him absolutely, or briefly and the
claims refer to contract that were not mentioned before".32
Considering the duties in French rights introduces exception of relative, degraded rejection. For example, imagine "a" sells a goods to "b"
and "b" also transfers it to "c", if "b" rejects the contract, the effects of rejection influence on "b", them "c". In fact, if "b" (the first customer
and the second seller) reject the contract, the effect concerns the second contract with his duties to certify the customers rights. Therefore,
he can reject "c" s possession, it is also a French idiom says, "Qui diot garantie, ne peut evince" 33,
Therefore, there is two ways, to solve the problem34: customer may ask the sellers price other than the goods. So whereas seller should
return price, there will be some differences between sellers and buyers (customer) duties. On the other hand, they may abandon the
complaint. The person who has bought any goods which was sold twice, deprives of the first contract. On the other hand, whereas the
second Bay abandons him from the sellers property, the request to reject the first contract comes to problem.35 Both solutions save the
third persons rights, but there is not any same relations between two sides in incorrect contract.
You should study article 362 of civil law in Iran. The second items of it concerns French, civil law, guarantee of Mabee and guarantee of
Saman is the effects of it which is true, and sellers and buyers are responsible for, hence the effects of it are: 2- the contract provides
seller by Mabee authority and buyer by Saman . . . though it should be consider that authority does not certify the effects of rendition
because there is a hypothesis which nullifies Mabee or Saman because others are rightful. If one side access it unrightfully, they should
return it, because the rejected vendor has not any effect in possession. 36
2) Exception based on security

25

. Nasser Katoozian, civil rights, specific contract, ch. 1, p. 223, Hamoo, civil law, some lessons on specific contracts, ch.1, p. 112
. Art. L. 311-21 du code de consummation: cr par Loi 93-949 1993-07-26 annexe JORF 27 juillet 1993
"En cas de contestation sur l'excution du contrat principal, le tribunal pourra, jusq la solution du litige, suspender l'excution du contrat de crdit. Celui-ci est rsolu ou annul
de plein droit lorsque le contrat en vue duquel il a t conclu est lui-mme judiciairement rsolu ou annul.
Les dispositions de l'alina precedent ne seront applicable que si le prteur est intervene l'instance ou s'il a t mis en cause par le vendeur ou l'emprunteur."
27
. Civ. 1re, 1re juilli. 1997, cite par J. Flour, J. L. Aubert et . Savaux, op. cit., n 357, p. 270, rfrence n2.
28
. J. Flour, J. L. Aubert et . Savaux, op. cit., n 361, p. 274.
29
. Ibid., p. 275.
30
. Saeed Mohseni, Sayed Mohammad Mahdi Ghabooli DorAfshan, pishin, p. 260.
31
. Article 1625 Cr par Loi 1804-03-06 promulgue le 16 mars 1804:
"La garantie que le vendeur doit l'acqureur a deux objets: le premier est la possession paisible de la chose vendue; le second, les dfauts caches de cette chose ou les vices
rdhibitoires."
32
. Article 1626 Cr par Loi 1804-03-06 promulgue le 16 mars 1804:
"Quiique lors de la vente il n'ait t fait aucune stipulation sur la garantie, le vendeur est oblige de droit garantir l'acqureur de l'viction du'il souffre dans la totalit ou partie de
l'objet vendu, ou des charges prtendues sur cet objet, et non dclares lors de la vente."
33
. J. Flour, J. L. Aubert et . Savaux, op. cit., n363, p. 276.
34
. Ibid
35
. Civ. 17 dc. 1928, cite par J. Flour, J. L. Aubert et . Savaux, op. cit., rfrence n4.
36
. Nasser Katoozian, civil rights, specific contract, ch. 1, p. 223, Hamoo, civil law, some lessons on specific contracts, ch.1, p. 107.
26

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1- Les actes d administration. Which is done by somebody who is not owner 37 , such as short time hire contracts which are done by buyer,
then vendition contract rejects by seller. The same exception can be assigned as "non-owner property". Such contracts are useful to save
non-owner property, and if it does not, the priority of owner will destroy.38
2- If seller of vendition incorrect contract sells the property to the third person, then the seller will reject Bay at first, and there won't be any
effect on the third person (second buyer) unless, he shows his good temperate in gaing the property, then he is owner. Such exception
comes from 2279 article of En fait de meubles, la possession vaut titre France civil law. The possession of property is not simple in French
law other than Iran law. Sometimes, good temperate produces a severe situation beside the possession. 39 Such severness is so much that
article 2280 abandons the real owner from property in order to support the occupation by good temperate, or lost property, unless occupants
certify the paid price.
3- the undefined property concerns the third person on the contrary of bad effects of contracts, the second buyer of rejected contracts
concern the seller, but there are two logical organs which have the limited role: On the other hand, the time of possession concerns the
possession of undefined property40, besides La thorie de la proprit apparent has some limitations. Court certifies les actes de disposition
of non-awners specific contracts (which is known as owner by people) by using the general, moral principles which lead to error
communis facis jus (Erreur commune fait de droit). The specific contracts are those which provide the specific rights of undefined property
for others, for example Gerard Cornu. It should be considered that general mistake is unavoidable in Ghadr Motaghin. 41
D) The Responsibility of Rejection
It concerns those responsibilities that incorrect contract has not any effect in Iran, hence there is no difference between absolute, and
relative rejection (regarding the past). In fact, while some properties transfer between sides in the incorrect contract, the sides can ask about
the perceived property, but it is difficult. The identity of incorrect contract is an affective issue. Imami leaders say about Mayazman
contract about got guarantee of corrupted contract. Every contract which is true, and authorized, will be authorized while it is incorrect, but
vice versa, it doesnt, it means, while a contract is correct, unauthorized, it is not authorized while it is incorrect.42 While a contract has
guarantee too, the sides are responsible to get sth for sth they pay, such as vendition, clear. If a contract was not guaranty true, there won't
be any responsibility for reception, such as Habeh and Areyeh contract.43
It is Estiadi principle which is not mentioned in verses and tales directly. It is the cause that the same principle is called the presentation of
awards by law texts in accepting true and vice versa. We will explain the causes in order to clarify them.
If we concern Ala Alyad which is known for legislators true, we can say, if a person accesses a property by incorrect contract, the man who
guarantees it will certify Mastoofat and non-Mastoofat advantages, unless he will be rejected by the causes such as Estiman, Ehsan causes
fron Ala Alyad reigon. Naturally, the recent causes should be regarded as Motaghen.
The rejection of contract leads to extract in French law. Hence, there is no difference between absolute and relative rejection. The factors of
relative rejection especially the factor which relates to the past, cause French writers use the factors of relative rejection.
The principle of extradition duty of French law44 in known paiment de lindu. The same duty is clear in the absolute incorrect contract,
because the contract has not any effect from beginning, hence the payment is not true from beginning.
In the relative, incorrect contract, whereas the contract is affective even before rejection, the payment is not true, but the degraded effect
continues to the past payment which is also not true.
Conclusions
1- The relative rejection is against absolute rejection in French law, it originates from article 1125 and 1131 in civil law of France. The
absolute rejection is a known concept in Iran law, because Iran law is based on Imameih, and the authority of absolute rejection is
discussed. There is no relative rejection in Imamieh, "the inability of reference" is originated from western rights in Iran principles, there is
no difference between the relative, and absolute rejection, hence the relative, incorrect contract in Iran is done between those who are
justified, therefore such contracts are events which should be respected by third person who should not reject it, but while the religious
rights of third person is destroyed, the legislator supports the third person. He should degrade the will, and the process of rejection contract
is hearable by third person. In fact, the relative rejection of contract is true, but the effects are not supported by legislators. It is clear that
the rejection of contract is a right for people who use it, hence he can also destroy it, such as: the contract to escape owe-the contract of
Rahen which is against Mortahen right.
2- The rightful organ of rejection of other law organs such as: non-influence, cancel, reference, termination, and suspense are different.
3- The cause of absolute rejection of Iran rights can include: inexistence of will, incontent beside the rejection of contract by one side,
Incapacite dexercice,captive to exercise about insane and indifferent, small people which are rejected by their owners, lack of issue,
illegitimate contract, lack of luxurious contracts.
Regarding the goal of absolute rejection in French rights which are supported by general benefits, the main cause of absolute rejection
include: lack of captive to exercise , illegitimate, immorality of contracts, lack of luxurious providence are the general advantages.
- In Iran law, the main cases of relative rejection originated from European rights resembles to commercial or naval rights. Article 131 is
rightful to improve the commercial right such as article 424 commercial right, naval right of 179 article.
37

. Civ. 7 nov. 1928, Gaz. Pal. 1929. I. 312. Cite par Colin, Capitant et Julliot De la Morandire, op. cit., n 420bis, p. 232.
. Stark, civil law, duties, n. 1966. Destroying civil rights, v.2. n. 935, qut. By Mahdi shahidi, pishin, n. 83, p. 159.
. Mahdi, Shahidi, pishin, n. 83, p. 158.
40
. Refers to Article 2219 after it, 2265, and after it of civil, French law which have changed in 2008 after such law.
41
. J. Flour, J. L. Aubert et . Savaux, op. cit., n 364, p. 277, rfrence n 8.
42
. Mayazman Besahihe Be fesadeh, Mala yazman Be fesadeh.
43
. Refer to Abol Ghasem Gorji, logical essats, ch.1. Tehran, Tehran press, ch. 2, 1372, p. 126.
44
. J. Flour, J. L. Aubert . Savaux, op. cit., n 362, Jean Carbonnier, op. cit., n 49, p. 1999; Philippe Malaurie, Laurent Ayns et Philippe Stoffel-Munck, op. cit., 2009, p. 356.
38
39

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Internat ional Jour nal of Economy, Mana ge ment and Social Sciences , 3(1) January 2014

The relative rejection of French law includes: the error of content, lack of captive to exercise , lack of non-captive to exercise , the
rejection of lesion contract, contract of other property (intruding contract).
4- The general principle of time range of 2262 article of French, civil law is predicted in French law organs, it is done on all 30-years
claims either objective or private. The recent improvement of French, civil rights in 2008 of 2224 article, the same range changes to five
years. Naturally, regarding article 2223, the general principle of 5-years is done while the specific principles did not apply. After accepting
French law, the range of time is not accepted in Iran.
5- One of the effects of contract rejection is the duty of two sides in a contract. The principle of duty to extract is not true in French law. In
Iran law, some principles including Ma yazman, Zeman Yad are set, and extraction also apply to.
There are some exceptions in French law, such exception include: exception of lack of applying to the past, exception of benefit of one
side, and exception of general benefits. The lack of referring in Iran is not the cause of destroying duty, instead somebody who is
responsible should also manufactores. The exception of benefit and priority of one-side supports the good-temperate people in French law.
It can be said it is not possible to deprive one from boycotting a person or good-temperate, the lack of knowledge in rejection in Iran right,
instead the causes, the authority causes, abortive should be examined. The third exception (exception of general benefits) of a person who
contracts immorally, illegitimately, he has done mean, hence he has no right to ask the payments. If contracts are illegitimate, immoral, it
will be absolutely rejected, and there won't be any effect on the sides. Therefore, the contracts are rejected, the manufactors should be
referred to.
- The possible damages of rejected contract concern the civil responsibility, the principles should use to return the damages. In French law,
the civil duty of accusement, the cause of damage (after it is proved) are responsible to return the damages. In Iran rights, there is article of
accusement which is in civil responsibility of civil law, there are also the other, different principles which are haphazardly used, for
example the principle of indirect causation, pride, no-damage are used to make people responsible.

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