خلاصة:
Between a void contract and a currently valid contract, there is a situation where the contract cannot be considered non-existent, nor can all the effects of the contract be imposed on it. In fact, with offer and acceptance, a contract is established that carries some effects with it, although it is not complete and does not have all the effects. This situation is called "Qualified Validity". Unauthorized contracts, coercive contracts, real rights contracts such as pledge and gift, and the partnership contract under Article (17) of the Law for Amending Part of the Commercial Code approved in 1346 are all in a state of qualified validity, and their current validity depends on the realization of the owner's consent, delivery, and registration, respectively. The concept of qualified validity and its provisions and effects have not yet been the subject of independent study, and its examples have not been enumerated separately. All of these cases demonstrate the necessity of organizing this theory in Iranian law.
ملخص الجهاز:
Organizing the Theory of Conditional Validity 2 Abbas Karimi 1, Afrouz Samadi (Date of Article Submission: 2017-11-28 - Date of Article Acceptance: 2018-03-16) Abstract Between a void contract and a currently valid contract, there exists a situation where the contract cannot be considered non-existent, nor can all the effects of the contract be imposed upon it.
” Contracts concluded by a person without authority ( فضولي عقد), contracts concluded under duress (اکراهی عقد), proprietary contracts such as pledge (رهن) and gift (هبه), and the contract of company stipulated in Article (17) of the Law for Amending Part of the Commercial Code approved in 1975, all are in a state of conditional validity, and their actual validity is subject to the realization of the owner's consent, delivery, and registration, respectively.
Organizing this theory can answer some ambiguities in the laws, including the Civil Code; where the legislator in Article 362 considers the guarantee of understanding as one of the effects of a valid sale, while the seller or buyer are only liable for understanding the subject matter or price when the sale is invalidated due to reasons such as the subject matter becoming the right of another, and this means that the sale did not occur correctly and completely.
For example, if the main elements of a sale, including offer and acceptance, the subject matter with all necessary characteristics such as having value, and other elements are correctly placed side by side, and then doubt arises regarding the conditions of the parties, in this case, the principle of validity applies and the sale is considered valid without regard to the resulting doubt [30, pp.
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