Criteria for determining the types of invalidity of contracts in Iranian and French law

The present work has delved into the field of discovering a scientific-applied method to detect and determine the types of nullity (absolute, relative and non-existence) of the contract in the laws of Iran and France. In the laws of these two countries, in order to distinguish the types and examples of invalidity, three general criteria are used: "Conditions of the validity of the contract", " uninforceability " and "Public interests versus private interests" and the latter criterion is the main criterion for selection and entered into the civil law. France has also become new. Considering the inadequacy of the mentioned criteria, the purpose of the present research was to discover a regular and new method to determine and recognize the types of invalidity in the laws of these two countries.

The research was done in a descriptive-analytical way and the information was collected in a library way.

While examining the concept and examples of the above three criteria, this article has first turned away from the criterion of " uninforceability " on the occasion of its independence against the guarantee of "Nullity" implementation; Secondly, it has not recognized any of the above criteria as a general criterion for recognizing the type of invalidity; Thirdly, instead of the dominant criterion, he liked the criterion of "public order versus private and public interest"; Fourthly, he has proposed new criteria such as "rules of commandment", "reason", "customs of commandment" and "justice";