Document Type : Specialized Article

Authors

• Javad SarKhosh ¹
• MohammadJavad Basirati ²

¹ Faculty Member of Al-Zahra University

² Ph.D. student of private law, Azad University of North Tehran

Abstract

Article 954 of the civil code said: "all of voidable contracts are voided with the death of one of the parties, also, with the insanity (and psychosis), in valid cases''. The article describes one of reasons of termination of voidable contracts, namely death and disability. But, it seems that voidable contracts are not specified in this respect, since some of contracts are not included in the article, For example, mortgage contracts which is not dissolved and voided with the death of mortgagee and others basically move against the article and with the death of one of the parties turn to non-recourse and required contracts, e.g. donation contract in article 805: "after death of donor or recipient, the reference is not possible''. Therefore, it should be searched another reason.
We conclude in this article that the meaning of article 954, which is emanated from a jurisprudence principle namely "termination principle", is the termination of some voidable contracts that are contained permission and delegating, not all voidable contracts. Our guideline to reach to conclusion was that all correct instances of the article are in this group of voidable contracts, which so-called "voidable permission contracts". We believe that the continuous of permission is the reason of termination of voidable permission contracts by death or disability of one of the parties. So, in addition to the instance of ratification, which the permission and its competency are necessary in it, they are necessary in the duration of implementing contract and whenever they terminate, the contract is dissolved.
To prove this claim, we use the statements of famous jurists and great juristic and try to collect different claims of Shiite jurisprudence and Iran law and study and analyze them. It should be mentioned that in the way of better explanation of the claim, the definition of voidable contract, the criterions of classification of contracts to voidable and non-voidable, and explanation of different voidable contracts are studied at first and after that we study voidable contracts according to general rules and basic requirements about the validity of transactions contained in article 190 of the civil code. And finally, according to the research claim we study some cases of voidable permission contracts.

Keywords

• voidable contract
• termination principle
• Grant award
• Extension of permission
• permission contracts