Investigating the principles of the priority of laharij over the necessity in the execution of contracts
Subject Areas : New issues
abdilkarim golgoun
1
(PRO.)
هرمز اسدی کوه باد
2
(دانشیار گروه حقوق، دانشگاه آزاد اسلامی، واحد رامهرمز،رامهرمز، ایران)
Mohammad Rasool Ahangaran
3
(Professor, Farabi Campus University of Tehran, Qom, Iran)
Keywords: jurisprudence, civil law, principle of necessity, contract, contract,
Abstract :
In order to strengthen the legal relations of individuals and prevent any instability and instability in the obligations and implementation of contracts that lead to disorder in the economic and social relations of individuals in society, in all countries and worldwide, The provisions of the contracts have become binding. The principle of necessity also means that individuals must abide by their own commitments and agreements and consider them respectable and binding. All contracts entered into in accordance with the law follow certain principles and rules. The legislature has also introduced and reviewed these common principles and rules as the "General Rules of Contracts." The first principle that the legislator has dealt with in these articles is the principle of necessity, and this is the same principle that the jurists call "the principle of necessity". The literal meaning of the word principle and the customary and religious structure of this principle in sale is necessary; That is, the intention of the people to buy and sell is that the original owner's relationship with the property is severed, and he becomes alienated from it, and the cucumber is an external right that is placed for one or both parties and is revocable. The meaning and concept of the principle of necessity in legal terms is that, when a contract is concluded correctly, the principle is that it is necessary between the parties and they must be faithful to the obligations they have made. Therefore, any contract that is not specified as permissible is necessary and neither party can terminate it except in certain cases.
