نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق خصوصی دانشکده حقوق دانشگاه آزاد اسلامی واحد تهران مرکزی، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the undisputed principles in jurisprudence and statutory law regarding the general rules of contracts as well as the specific rules governing specific contracts is the "principle of the necessity of removing ambiguity from the subject of the transaction," which is manifested in two dimensions: the necessity of the subject of the transaction being known and the necessity of the subject of the transaction being certain. The jurisprudential basis of these two conditions should be sought in the rule of negation of uncertainty and some of the narrations mentioned. The prevailing theory in jurisprudence and law is that detailed knowledge of the subject matter of the transaction is necessary for the validity of the contract and to prevent ambiguity from arising, and that general knowledge is not considered sufficient to remove ambiguity from the subject matter of the transaction. Also, transactions on an uncertain subject are considered absolutely ambiguous and void. On the other hand, the implementation of this theory, considering the current market requirements of the impossibility of clarifying all aspects of the transaction during its conclusion, in practice creates problems for economic actors in transactions. This is while the analysis of narrations and the rule of negation of uncertainty on the one hand and the scrutiny of the relevant laws and regulations in Iranian and Egyptian law on the other hand showed in this research: Firstly, none of the aforementioned jurisprudential and legal sources are useful in requiring detailed knowledge in transactions. ,
کلیدواژهها [English]
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