General Rules Governing on Dissolution of Mandate Contract
Document Type : Specialized Article
Authors
1 Member of the faculty of Shahid Beheshti University
2 Master of Private Law
Abstract
Contracts have been divided in 2 parts: promissory contracts and mandate contracts. This division has been originated from difference in creature of contract, contains difference in general rules. Dissolution of contracts is one of the most important cases that is affected from general rules. According to this, dissolution of mandate contracts doesn't follow the present general rules governing on contracts (that is related to promissory contract) and has its specific rules. Whit this explanation that doing the subject of mandate causes termination of mandate sometimes and in this way mandate will be dissolved. In some cases too cancelling of subject of mandate causes dissolution of that. Also, it is possible that person represented depredate mandate by withdrawal from it. The other things that dissolve mandate are death and incapacity of parties of mandate. So the dissolution of mandate contracts is related to termination of mandate in cases that will plays an important role in it. In these cases dissolution of mandate occurs subsequent of performing of juridical act and coercive factors don’t play any role in that. On the other hand, there are cases that related to automatic cancellation that cause dissolution of mandate without needing will of person and it occurs with will of legislator.
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