Reviewing the Course of Unauthorized Verdicts in Permissible Legal Actions in Iranian Law and Jurisprudence

The existence of the articles related to unauthorized transaction in general regulations of the contracts has made some opine that the verdicts on unauthorized transactions can be generalized to all contracts. The application of the aforesaid statement to the permissible contracts has been doubted by some subsequent jurisprudents. Some have questioned the power of permission for the creation of a contract and have considered all the permissible contracts as a sort of unilateral action of valid consequences. Others have decreed that permission is a sort of legal incident. These perspectives have made the course of verdicts on unauthorized transactions face problems in regard of permissible legal actions. Exploring the concept, types and effects of permissible actions, the authors believe that permission is a constituent of consent in the process of formation of will that would exemplify a legal action if ending in the intention for contract conclusion. The unauthorized stream in permissible legal actions is feasible in case that the outcome of the unauthorized action could be ascribed to the permission. Therefore, the subject of permission should be a property belonging to the permission or its attribution to the permission party has to have been intended by the parties.