Mohammad Roshan; GHafor KHoeini; Azad Falahi
Abstract
As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required ...
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As usual, with respect to observance of formation and creation conditions of contracts status, they are divided into three statuses: authenticity, annulment, and ineffectiveness. Each of these three terms possesses special status that has been stipulated by legislator following to observance of the required qualifications. In some cases, the terms of the concluded contracts possess all basic conditions for authenticity (correctitude); however, often due to treating with third parties, they may encounter some status that is assumed as type of ‘pasture tax’. The pasture tax denotes a status in which the contract includes the authenticity conditions but in order to observe the rights of third party in the given contract, it should be waited within time interval for pasture tax status so if the right of third party is given typically in whatsoever after that period the contract is correct otherwise it will be annulled. In other words, the given contract does not encounter ay problem at the expedient phase but it will be exposed to some barrier in effectiveness of the given contract duly. Some experts have assumed this status as synonymous with non- referable status in French law. This is a paradigm that has been criticized in the preset article ad we have interpreted this point with implication of some evidences ad documentation that these two statuses are different from each other so assuming them as synonymous terms is improper. The basis of pasture tax status is to composition of rights of both parties. Unlike other institutions, this term is not employed only for adjudication of third parties or both contract parties, but it will be tried to achieve rights of all contract parties. We try to analyze ‘posture tax statuses in terms of jurisprudential and legal perspectives in the current essay. In this course, we will look at Iranian, Islamic, and French law systems.