نویسنده
چکیده
کلیدواژهها
عنوان مقاله [English]
If a person misuses of necessity of his or her contracting party, jurists have different opinion about the legal sanction of such the .misuse, which it can be collected in five theories
The first opinion is that, the misuse of necessity of contracting party has not any effect on the contract and it is valid if the other conditions are fulfilled.
The second opinion is that; the party who is in the necessity position has right to modify the contract or to nullify it.
The third opinion is that; the misuse of necessity of contracting party by the other party annuls the contract.
The fourth opinion is that; the misuse of necessity of contracting party causes. the contract to be as a duress one and the fifth opinion is that; the person who is in the necessity position has right to rescind the contract.
In this Article the legal sanction of misuse of necessity of contracting party, in accordance with legal principle of Iranian Law, has been considered.
کلیدواژهها [English]
