جستجوی مقالات مرتبط با کلیدواژه « سوءاظهار بدون تقصیر » در نشریات گروه « فقه و حقوق »

In spite of admirable endeavors of the composers of the Iranian Civil Code to adjust and assimilate the valued original views of the Muslim Shia jurists with modern concept, there remain a number of shortcomings in the text of Civil Code when dealing with the subject of misrepresentation. Hence, the Iranian Code defines the concept of misrepresentation as cheating a contracting party to motivate him to agree with the principal parts of the contract. From an analysis of the factors of cheating it can be inferred that the misrepresentation must be purposeful (i.e. with an aim to influence the other party). In other words if such dishonest views and presentations had not been made, the contracting party would have not agreed with the terms of that contract.