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European Online Journal of Natural and Social Sciences

The Position of Transaction Cause in the Iranian Law

Alireza Haji Ahmadi, Mohammad Roshan, Noshafarin Rezai

Abstract


In the Iranian law, commitment cause has not been mentioned as one of the main conditions of contract and instead it has referred to "transaction cause" in Article 190 of Civil Law and has regarded legitimacy of transaction cause as among main conditions of contract accuracy. This paper is aimed at studying commitment cause in bilateral contracts that justifies commitments correlation principle, and in the unilateral or consent contracts. Finally by focusing on "legitimacy of transaction cause", it explains different states and suggests a logical path with a legal approach for the conflict of will sovereignty and contracts' stability principles with the legitimacy of the transaction cause.


Keywords


legitimacy of transaction cause, commitment cause, motivation of transaction, illegitimate cause

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