عيب الرضا على المعاملات في القانون الإيراني : دراسة مقارنة بين فقه الإمامية و القانون البريطاني

Abstract EN

Defective consent in transactions and execution guarantee in Iran law and British law has been studied in this study.

in Iranian law consent literally means agreement and authority, and in the term, the desire for a legal act that has already been done, is now being done, or will be in the future.

in the opinion of some jurists, consent is a bargaining chip.

in jurisprudential texts, it is also commonly argued that, rather than consent, authority is the condition of the transaction, which also implies the intended meaning.

defective consent is a term that refers to specific circumstances and causes to be discredited or low-credited and consequently the contract and execution guarantee of defective consent is in Iran law is the invalidation of contracts and transactions and distinction between intention and consent in the guarantee of execution is unjustified and the lack of intention and defective consent resulted duress and mistake causes to invalidate the contract.

but execution guarantee of defective consent is based on the voidable contracts and transactions in British law and consent is a key element of contracts but its role in contract law is unclear and due to the lack of distinction between the will and the consent, defective consent and will have been referred to in one general sense and mistake, misrepresentation, undue influence, duress and illegality are considered as defective consent, with the potential for revocation and voidable of the transaction.