The Nature, Legitimacy and Validity of Compulsory Contracts
One of the conditions for the validity of a contract is that the contracting parties have the freedom to accept or reject it. For everything that is beyond the control of the will of one of the parties but forms a contract, two separate definitions are provided, including reluctance contract and emergency contract, according to which the validity of the first one is conditional on the non-disclosure of the element of reluctance in it, but the second one is absolutely valid and enforceable from the point of view of the legislator. In these two cases, the reason for accepting the reluctance is personal circumstances. Whenever the insertion of coercion and reluctance in the contract is due to the obligation to comply with public interest, in this research it is called "compulsory contract" and it is divided into primary and secondary compulsory contract according to the stage of inclusion of the element of coercion into it. The research examines the validity of such a contract, which is essentially a negation of the "principle of freedom”.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.