mohammadreza pirhadi; Vahid Nazari
Abstract
In civil law, option is one of the issues related to and discussed in deals and contracts. This means that Article 456 of the Civil Code provides that:» All types of options may be available in all transactions unless option of contract-meeting and animal and delayed payment of the price, which ...
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In civil law, option is one of the issues related to and discussed in deals and contracts. This means that Article 456 of the Civil Code provides that:» All types of options may be available in all transactions unless option of contract-meeting and animal and delayed payment of the price, which is for sale«, therefore that law has specified the option for transaction. In jurisprudence and law, the vast majority of writers, do not approve the option of termination in unilateral legal act, because in the unilateral legal act without option to termination, termination is illegitimacy, As well as the destruction is not entitled to terminate and some also claim consensus in this regard. However reasonably, there is no conflict with the option of termination and the nature of unilateral legal act. Therefore this is paper explains possibility or impossibility of option of condition in a unilateral legal act according to law and lawyers and jurists opinions; and consider possible and correct and valid the option of condition by ruling out other causes of its nullity.
Nahid Javanmoradi
Abstract
In most legal systems, there is no legal sanctions regarding natural obligations. Implementation of this commitment depends on the will of debtor and only in this case it is irretrievable. Voluntary execution (Payment) of a natural obligation (also called an imperfect obligation), regardless of its bases ...
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In most legal systems, there is no legal sanctions regarding natural obligations. Implementation of this commitment depends on the will of debtor and only in this case it is irretrievable. Voluntary execution (Payment) of a natural obligation (also called an imperfect obligation), regardless of its bases which can be an aborted or a pure moral duty is, in most legal systems, considered as a valid legal act in regard of the civil creditors, and not an undue payment or an unjustified enrichment. Therefore, it cannot be restitute except if it is done involuntary or fraudulently to the prejudice of the civil creditors. As the payment of a natural debt is totally depended to debtor’s decision, its legal nature is supposed to be a unilateral legal act, and not an agreement. The French case law regarding natural obligations is contradictory but in Iran’s legal system the execution of natural obligation is valid provided that there is no malice and intent to prejudice the civil creditors.
