Document Type : Specialized Article
Authors
1 Member of faculty of Imam Sadiq University
2 Master of Private Law
Abstract
One of the things that can cause distress transactions are legal effect, the misuse of the emergency distress shown by the other party deal. Since that article 206 of the Civil Code is valid emergency transactions, Many dealers with knowledge of the state of emergency and specific conditions in distress, took advantage of this situation and deal with dumped into distress. On the other hand, in some cases, interactive, and thereby create an emergency situation for the individual to deal with him. In this regard, the Iranian lawyers who are four theories: the validity of the contract, invalidity of the contract, adjustment contract and the right to terminate the contract. In French law in this regard there is such a contract to be valid and some lawyers, some of them revocable and others are invalid. This issue is addressed in the laws of Germany and Switzerland, Article 138 of the German Civil Code it has declared void a contract, Article 21 of the irrevocable undertakings Switzerland also considers the transactions. The main objective of this study is to provide a solution can be tailored to the individual situation of distress at the misuse of emergency In this regard, best practices, fragmentation of trading in distress in case of emergency Abuse This division is based on the appropriate legal foundations emergency, appropriate sanctions will also be explained
Keywords
الف: فارسی
ب: عربی