Explaining the Conditions of Realization of Responsibility in Repairing Detriments Caused by Void Transactions

Autor: Alireza Lofti, Mozaffar Bashokouh, Mohsen Anari
Rok vydání: 2022
Předmět:
Zdroj: Revista do Curso de Direito do UNIFOR. 13:63-91
ISSN: 2236-7632
DOI: 10.24862/rcdu.v13i2.1580
Popis: As long as the basic conditions of the accuracy of the contract and the specific conditions necessary for the accuracy of some contracts are met and the contract does not contradict public order and good ethics, the principle is the accuracy of the contracts. In case of loss or non-compliance with any of these conditions, the marriage will be invalid. Invalidation of the marriage has some effects, including the responsibility of one of the parties to the invalid contract in compensation for detriments to the other party of the marriage. Liability arising from a void contract and the obligation to compensate for the detriments arising from it is of non-contractual origin. In order to achieve the purpose of civil liability, i.e. to fully compensate for detriments, it is essential to determine the best method of compensation that courts in each case consider relative compensation and avoid compensating for any kind and order to pay cash for detriments in all cases. In the event of a breach of obligation, it is conceivable that it violates the obligation, which has a variety of types and includes civil or coercive liability, contractual liability, criminal and moral liability. The conditions for the realization of responsibility are: indisputableness, directness, personality, lack of prior compensation, foreseeeability, and detriment to the legitimate right to be detrimentd.In this paper, we try to use descriptive-analytical method and library study.Explaining the conditions of realization of responsibility in repairing detriments caused by void transactions to discuss.
Databáze: OpenAIRE