چکیده:
in the civil code of iran , as in the french civil law , a special section is not devoted to the issue of contract nullity and contracts , but we can obtain from the پراکنده of civil law to the common rules . Given the failure of the Iranian Civil Code regarding nullity in terms of nullity , the importance of writing this article is not devoted to itself , so the importance of writing this article is that , as far as possible , it is one of the most important issues to be considered in this regard , so that we may be able to study the legal vacuum as far as possible with scientific research and discussion because it has not been used in this area before . Also , in order to clarify the aspects of the discussion , we study comparative study in French law because the Iranian law has a great influence on the rights of France . since the main aim of the contract is the full implementation of the contract , it is important in iran to complete the contract and keep it in place , but in all the contracts it does not lead to complete implementation , it is in this stage that the main purpose of the project is تجزیهپذیری and سخن .
خلاصه ماشینی:
In Iranian law, by looking at and considering the principle of 'Asalat al-Luzum' and the principle of validity, which indicate the preservation and execution of the contract even if a part of it is not executed, and by considering legal texts including 'infisakh' (dissolution), partial rescission, and nullity of the contract based on the will of the contracting parties, divisibility can be accepted as a principle, although there are limited exceptions in some cases.
In Iranian law as well, by using jurisprudential documents including the rule of the dissolution of a single contract into multiple contracts, the principles of validity and bindingness which indicate the preservation and execution of the contract and imply that in case of non-realization or breach of a part of it, the rulings derived from induction in legal texts such as nullity and partial rescission, 'infisakh' (dissolution), 'maqsud bil-asalah' (the intended purpose as a primary consideration), and based on the will of the contracting parties, divisibility can be accepted as a principle.
In Iranian law as well, by using jurisprudential documents including the rule of the dissolution of a single contract into multiple contracts and based on the principles of validity and bindingness, rulings derived from induction in legal texts such as cases of multiple nullity and partial rescission, 'infisakh', the rule of 'maqsud bil-asalah', and based on the will of the contracting parties, divisibility can be accepted as a principle.