نوع مقاله : پژوهشی
نویسنده
دانشیار گروه حقوق خصوصی، واحد تهران غرب، دانشگاه آزاد اسلامی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
A considered contract refers to a contract that has been duly formed with all essential requisites, but is hindered by an impediment that prevents its continued execution. Such an impediment typically arises from the need to protect the rights of a third party, such as a potential claim or ownership. The central issue is whether it is possible to compel the party to a considered contract to remove the impediment and satisfy the requisite formalities for the contract to remain in effect. Although this issue has not been exhaustively discussed by jurists or legal scholars, it appears that in instances where the contract is in considered status due to the protection of a third party’s rights, the imposition of such an obligation may be feasible. In terms of procedural requirements, this obligation would necessitate the filing of a legal claim and the appropriate request before the competent court. The Iranian Supreme Court, in its Unifying Ruling No. 832, accepted the possibility of compelling the mortgagor to release the mortgage, which involves removing the impediment that prevents the contract from being fully effective. By analogy, the same legal principles may be applied to similar situations. However, in cases where the contract is in considered status due to the protection of a third party’s potential ownership or other legal grounds, the party to the contract cannot be compelled to remove the impediment.
کلیدواژهها [English]
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