A comparative study of revocation of offer in Iranian law, French law and the International Convention on Contracts for the International Sale of Goods مقاله

خلاصه ماشینی:

Given what has been stated, and considering the existing ambiguity and the conflict of various theories in this regard, this article attempts to examine the issue of the possibility of withdrawal from an offer, especially withdrawal from a binding offer, in Iranian law and Imami jurisprudence, while the positions of French law and the Vienna Convention will also be studied to complement the discussion. Section Two: Legal Doctrine and Judicial Practice in Iran It is worth mentioning that some Iranian legal scholars have not raised the issue of commitment arising from an offer and withdrawal from it in their works, and for whatever reason, they have not examined, dissected, or analyzed it; however, others have presented detailed and exhaustive discussions in this regard and have reached different conclusions. Proponents of the Binding Offer Theory This group, first by applying great attention to the issue under discussion, set out to find its solution in Iranian legal sources; consequently, they searched through Imami jurisprudence texts and, acknowledging that jurists have not directly and explicitly examined this issue and their position in this regard is not clear, turned to foreign law, especially French law, mentioned three important and famous theories in this field, and analyzed each one accordingly. In French law as well, where judicial practice and legal doctrine only consider an offer binding in justified cases, this rule is accepted, especially since the offeror cannot be bound by their offer and the contract cannot be deemed formed under the pretext of compensating damage caused to the offeree.