Comparison of Conditions and Effects of Mistake in the Contract between Iran's Law and the Principles of International Commercial Contracts (UNIDROIT)

Yousefi Sadeghlou, Ahmad; Amjadi, Ronak; Mortazavi, Elham Sadat

doi:10.48308/eclr.2023.232510.1028

Comparison of Conditions and Effects of Mistake in the Contract between Iran's Law and the Principles of International Commercial Contracts (UNIDROIT)

Document Type : Original Article

Authors

Ahmad Yousefi Sadeghlou ¹

Ronak Amjadi ²

Elham Sadat Mortazavi ²

¹ Assistant Professor of Law, Islamic Azad University

² (PhD Student of Private Law, Islamic Azad University

https://doi.org/10.48308/eclr.2023.232510.1028

Abstract

In general, there is no distinction between the concept of the mistake in the national rules and the principles of the international commercial contracts (UNIDROIT Principle). however, by examining the UNIDROIT Principles and comparing it with the national rules regarding the types of mistakes, their conditions and effects in the contracts can be revealed some similarities and differences. If the rules of UNIDROIT contrary to our legal doctrine and national rules, which have dealt with the types of mistakes, instead of stating the types of mistakes by drawing an unlimited rule in accepting the types of mistakes, they state the conditions on the parties to the contract as a factor in accepting or not accepting the effective mistakes in the contract and subsequently the sanction of the right to avoid has been paid. Therefore, contrary to the national rules that accept the sanction of the avoidance and the right of the cancellation, the UNIDROIT Principles have created an obstacle to the complete avoidance of the contract through providing solutions such as the right to avoid, it’s comparison and the compensation for losses. This research is meant to comparatively examine the concept, the conditions and the effects governing the effective mistakes in the contracts in the Iranian Civil Law and UNIDROIT Principles, so that, by doing so, the obscurities of the national rules to be removed and in order to consolidate the contracts at the national and international level, the solutions to be introduced.

Keywords

Defects of will

Effective Mistake

Mistaken Terms

The Principles of International Commercial Contracts

Unidroit

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