A Look at Relative Nullity in the Private Law Systems of Iran and France
Subject Areas : Private law
1 - Department of Law and Judicial Sciences, Faculty of Law, Judicial and Administrative Services University of Tehran, Iran
Keywords: Relative nullity, non-effectiveness, Iranian law, French law, contract, annulment, agreement,
Abstract :
This study examines and compares the concepts and effects of relative nullity and non-effectiveness in the private law systems of Iran and France. In Iranian law, the concept of non-effectiveness is primarily applied when a contract lacks valid consent, rendering it ineffective until confirmed by the parties involved. In contrast, in French law, relative nullity refers to a contract that, while having legal effects from the outset, can be annulled upon request by one of the parties. The key differences between these two concepts lie in how their legal effects are applied and how a contract can be modified after identifying a defect. This article provides a detailed analysis of both concepts and compares them with the laws of Iran and France. Finally, the paper offers suggestions for aligning Iranian legal provisions with the institution of relative nullity in the French legal system.
