Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient to fully protect fundamental human rights. For this purpose, it is necessary that other principles can be introduced as principles in line with traditional principles in contract law. The most basic principle of human rights is the principle of human dignity. The question is, to what extent and in what way can this principle be applied in contract law? Can fundamental rights derived from this human rights principle be revoked by a contract? In this article, with emphasis on various cases in the jurisprudence of some countries and the European Court of Human Rights, we have come to the conclusion that The principle of freedom, which includes important rights such as human dignity, the right to respect for family life, and the principle of non-discrimination, which encompasses various aspects, sometimes as a limiting factor of the will to prevent the infringement of a condition or contract contrary to them and sometimes fundamental rights arising from these principles. As general civil rights, they are also partially irrevocable or revocable. The research method has been library and by studying the judicial practice of countries and Iran.

While there are similarities between delegation and conferment of agency, they are different from each other. Delegation is basically a subdivision of the principal agency and it may be influenced by death or incapacity of the first agent and in some cases honorarium of the second agent may be incumbent upon the first agent, but given that in conferment of agency there is a document indicating so, the conferment of agency takes place on the basis of a contract as a result of which there will be a transfer of contractual positions, replacement of the first agent by the second agent and finally transfer of rights and obligations of the first agent to the second agent. Also, pursuance of agents and irrevocable delegation are different in them. In this article, we try to offer a comparative analysis between the Islamic law, Iranian law and English law.

Equivalent wage of marriage time and NIHLAH are among wife's financial rights that paying it, if claimed by her at the time of divorce, has been provided in Islamic law and Iranian statutory law. Equivalent wage of marriage time is a remuneration similar to the wage, that wife receives instead of services taken in husband's house, with his order and without donation intention. Iranian legislator, under provision 6, paragraph B of single article of amendment of divorce regulations 1371,recodnized NIHLAH as a compulsory gift that is paid to wife from husband's property at the time of divorce. The enactment of new Family Supporting Act 1391, and express omission of paragraph A of the above-mentioned provision, has made some important changes about titling equivalent wage, that based on it, and now is not indispensable because of demand divorce on behalf of the wife, not to offend spousal duties by the wife, lack of any financial conditions in marriage contract, now is not irrevocable. This article intends to deal with the present legal position of equivalent wage of marriage time and NIHLAH in the Iranian law with a view of Family Supporting Act 1391.

One of the issues that have caused debates in various legal systems is the effect of transcending the scope of activities of business companies by their directors. British law in this area has undergone a marked transformation. In the past, legal acts outside the scope of the activities of the company under "Ultra vires Rule" were considered void. However, today, the rule is more flexible in practice and if the legal actions of the company’s directors with contracting third parties are beyond the scope of the activities of the company, such legal acts will be binding on the company. In Iranian law, many lawyers, by accepting and applying the "Principle of Expertise", believe that the scope of the activities of the company should be considered a form of limitation of the jurisdiction of such legal persons, and, as a result, legal actions beyond the limits of the said should be considered absolutely void and irrevocable. Considering the rules of the British legal system, as well as the Iranian trade law and its amending law, indicates the necessity of legislative reform in Iran.

Irrevocable commercial letters of credit, in one respect, are divided into confirmed and non-confirmed credit. The confirmation of credit, in and of itself, is a new judicial act which contains same terms and conditions of confirmed credit. It creates a direct, primary and independent obligation upon confirming bank, so that it add confirming bank's obligation to issuing bank's obligation. The confirmation of credit in strict legal sense requires authorization or request of issuing bank. However, banking market bring about a new type of confirmation which have not this requirement, but it creature of a private contract between beneficiary of credit and a bank; i.e. it takes form at the request of beneficiary of credit rather than issuing bank. This specific type of confirmation is called "silent confirmation", distinguishing it from confirmation in strict legal sense. This article study concept of silent confirmation, differences between two types of confirmation, legal effects and risks of silent confirmation.

Statement of the Problem:

 One of the fundamental aspects of legal relationships involves situations where one party has undertaken an obligation but finds themselves inclined to dissolve the legal act. In such circumstances, resignation becomes a viable option for individuals seeking to exit a legal relationship. Resignation is generally understood as an act of unilateral will to dissolve a legal agreement. However, the complexities of various laws indicate that in certain cases, the effectiveness of the applicant's resignation hinges on the approval of another authority, thus transcending the mere will of the individual.

The purpose of this research is to delve into the legal nature of resignation within the context of legal actions. By doing so, we aim to ascertain the precise date of resignation and the termination of legal obligations for an individual involved in a legal relationship. This investigation will significantly contribute to a comprehensive understanding of resignation's role in legal actions.

Questions:

 This study endeavors to address the following crucial questions: To what extent does the effectiveness of resignation depend on the applicant's will? Is the nature of resignation identical in both permissible and necessary legal actions? Legally, how can the nature of resignation be categorized to determine its effective timing?

Hypothesis or Claim of the Article: 

Our central hypothesis posits that in the realm of revocable legal actions, the effectiveness of resignation does not necessitate the consent of another party and largely relies on the unilateral will of the applicant. Conversely, in the context of irrevocable legal actions, the effectiveness of resignation becomes contingent upon obtaining the approval of a specific authority, resulting in situations of bilateral discharge or postponed unilateral legal acts.

This article adopts a rigorous research approach that combines library documentation with an analytical descriptive method. Due to the limited availability of direct sources on the subject, we meticulously collected relevant information from legal and jurisprudential books and articles, thereby facilitating a comprehensive legal analysis.

In revocable legal actions, resignation is predominantly deemed a unilateral legal act, taking effect solely based on the applicant's will. However, exceptions arise where the law or contract explicitly stipulates otherwise. For example, in civil law, a lawyer's resignation is typically a unilateral act, unless mandated otherwise in the contract, making it bilateral in nature. When a mandate is included as a corollary condition in the revocable contract, a lawyer's resignation requires consent from the lawyer, thus assuming a bilateral discharge.Similarly, in civil companies, the resignation of a manager is typically unilateral, yet under an irrevocable contract, the resignation's effectiveness is contingent upon the consent of other partners, leading to a bilateral discharge. When it comes to corporations, the resignation of managers is generally effective through the declaration of the applicant's will, representing a unilateral legal act. However, if their resignation is subject to the approval of an authority, it transforms into a bilateral discharge scenario.Contrarily, irrevocable legal actions require the approval of a specific authority for resignation to take effect, leading to instances of both bilateral discharge and postponed unilateral legal acts. In labor law, an employee's resignation nature varies based on contract terms,either becoming a bilateral discharge or a postponed unilateral act. In certain exceptional cases, resignation may have no effect at all. For instance, in employment relationships, parliamentary roles, labor-employer relationships, endowment, and contractual wills, resignation may not be legally recognized or effective.In conclusion, understanding the legal nature of resignation in legal actions is pivotal in clarifying the dynamics of legal relationships. The distinction between revocable and irrevocable legal actions, along with the role of consent from other authorities, has far-reaching implications for individuals seeking to dissolve legal agreements. This study sheds light on the complexity of resignation in different legal contexts, providing valuable insights for legal practitioners, policymakers, and scholars alike. Further research and analysis in this area will continue to enhance our comprehension of resignation's significance in the broader landscape of legal actions.

In donation contract, the principle is that donor can refer to given property and to take its possession. This principle has some exceptions. One of these exceptions is “donation to children”, which is irrevocable in accordance with the first paragraph of article 803 of civil law. Most of the civil law’s writers believe that judgment about donation to children include the donation to grandchildren, therefore donor cannot revoke of donation to his grandchildren. Study of origin of the first paragraph of article 803 in jurisprudence, in the subject of “donation to relatives”, shows that conforming to the well-known opinion of jurisprudents, donor cannot revoke of donation to all of his “relatives by blood”. On the basis of this view, donation to the bloody grandchildren is irrevocable and donation to foster grandchildren is revocable. Furthermore; remembers that what is in the consensus of jurisprudents, is exclusively the irrevocability of donation to father, mother and donor’s children. So it seems that in order to adherence to the principle and abstaining from extension of exception, legislative has contended to the certain level-consensual opinion of jurisprudents-so we cannot follow the most writers and say that the mentioned provision include the donation to grandchildren. Therefore, donation to bloody grandchildren and foster grandchildren is revocable.

The importance of establishing a family and its continuity in Islam is to the extent that dissolution of marriage even by mutual consent of the spouses is the most detestable act in view of the Prophet. As the continuity and survival of the marriage is a basic principle in Islam, Islamic law has provided an opportunity for the husband to come back to the family and revive this sacred institution by offering the simple mechanism of the waiting period (ʻiddah) in the revocable divorce. Nevertheless, there are certain kinds of divorce, known as irrevocable divorce (ba’in), by which the marital relation is dissolved and the revival of the marriage is possible only by making a new marriage contract. In khulʻ divorce (initiated by the wife, based on her dislike of her husband) and in mubarat divorce (initiated by the wife, based on mutual dislike of the spouses) the wife obtains divorce by paying a fixed sum (or transferring a property) to her husband and the divorce becomes irrevocable (ba’in). In divorce for a consideration there is no dislike from both spouses but the wife by paying an agreed sum (or transferring a property) to her husband or by releasing her husband from his duty to pay her past maintenance or from his duty to pay her dower or from his duty to pay other debts owed his wife, obtains divorce. This article examines the legal nature as well as the cultural and social effects of this kind of divorce. Facilitating the separation between the spouses through paying a sum to the husband by the wife without the existence of any dislike between them would increase the number of divorces and for this reason paying attention to the cultural and social effects of this divorce becomes necessary.

In principle, the effectiveness of conciliation provisions depends on a set of factors other than the will of the parties, such as the will of the legislator and the role of the judge. According to Article 10 of the Civil Code, the parties have full freedom of agreement, but this freedom is not absolute, and the supposed legal plans will change the structure of the contract.Now the question arises to what extent the legislator can play a role in the development and restriction of contractual freedom, given the economic, social, welfare and development needs by benefiting from special laws? And to what extent do law, custom and sharia prefer the public interest in preferring the necessities and pursuing public interests arising from the conflict of personal and public interest?To explain this important point in this article, coercion in the contracting board is divided into two types of elementary and structural coercion, and these results obtained by induction in the opinions of courts, scientific sources and judicial procedures indicate that: First, the courts force the parties to deviate from the conciliation results to a minimum or maximum, and the public interest is emphasized in the issuance of judgments as well as in judicial procedures. Secondly, the cases mentioned in the paragraphs of Article 190 of the Civil Code imply the obligation of elements to the extent that in the dominant aspect, in all agreements, they are present as a necessity in the composition and are irrevocable, but on the contrary, due to the structure of contracts. Certain special parties are required to comply with the rules arising from the requirements and restrictions that have arisen in the context of coercion arising from the elements and will require them to make the desired changes to elements of the contract.

One of the components of economic prosperity is the existence of an up-to-date and progressive banking system that, in addition to provide modern financial platforms, performs well in providing common general banking services, including various types of payments, to its customers. In this regard, Direct Debit, which is considered a functional and modern way of debit transfer payment order, was analyzed legally in this article. Among the advantages of this bank payment method are its high reliability and flexibility in using in various business applications and transactions, as well as reducing costs and saving the time of the parties involved compared to traditional methods, such as issuing checks or paying by cards, in the related applications. All these advantages are due to the fact that this payment method is based on a contract between the account holder and the beneficiary which gives the latter the right to withdraw money from the account, to the extent the contract permits. As a rule, looking at nature of right, the contract must be generally irrevocable, however the parties may agree on termination clauses. One of the results of this research is that although the characteristics and effects of the mentioned contract are known in a relatively favorable way during the years of its global utilization, beside the existence of special regulations in some other countries, formulation of dynamic regulations compatible with this payment method seems necessary in the domestic banking system to make it work better and also to prevent probable related lawsuits among the parties involved.