Document Type : Research/Original/Regular Article
Author
university of tehran
Abstract
The theory of questionable litigation as a result of the new economic approach to contracts, in the 2016 amendments to the French Civil Code, in three legal articles 1123, 1158, 1183 and with the aim of creating security and legal certainty about the fate of contracts for third parties or the counterparty of the contractual beneficiary, to was used and it is considered among the innovations and attractiveness of the new French contract law. This theory gives the third party or the counterparty of the definitive or possible beneficiary of the contracts the right to oblige the beneficiary to answer questions, in In case of non-response and clarification, the definite or possible beneficiary within a reasonable and conventional deadline, his right against the questioner will be considered forfeited, and legal security and certainty will prevail in the contract, and contrary to the traditional rights of contracts, the owner in a nosy contract with his original silence forced him to break the contract and file numerous lawsuits. In this theory, another right has been created for the principal. The application of this theory in Iran's contract law does not face any particular obstacle and until the amendment of Iran's civil law, the platform for the implementation of this theory is available, and due to its high economic efficiency and guarantee of legal security, its implementation will be useful and effective, and it will prevent the filing of lawsuits. It will prevent a lot, including the enforcement and rejection of transactions against the right of the beneficiary in the courts of justice.
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