نوع مقاله : نقد رای دیوان عالی کشور
نویسنده
دانشکده حقوق دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In many transactions or contracts, the parties specify Waiver of right of termination due to the value of the goods (right or option of deception). The courts have disagreed about the scope and effects of this matter, as some have considered it related to the right of termination to any extent, Some other courts, by interpreting the will of the parties to the contract, limited the right of cancellation to the conventional and intended amount And by distinguishing it from too much, the claim of termination or rescission of the contract in case of realization of a large difference in value, even if the mentioned option of termination Waivered, has been considered to be heard and processed. The Supreme Court of Iran, in the position of resolving the dispute of the lower courts, without stating the relevant argument and in a short decision, relying on the interpretation of the will of the two parties to the contract and referring to some Jurisprudence, rejected Waver of the option of termination and the opinion of the third branch of the Supreme Court has been confirmed. In this article, with a legal review of the subject and relying on the opinions of Dr. Mohammad Jafar Jafari Langroudi, examined various opinions of the subject and criticized the decisions of the Supreme Court, and concluded that the distinction between high and excessive deception in price has no legal basis and it will cause problems in the transactions and will increase the number of lawsuits.
کلیدواژهها [English]
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