Mistake of Private contracts Journal Article

Social beings constructive elements of social relations of people with each other . peopele necessary to meet basic needs , the establishment of contractual relations tried to strengthen these relationships ; The need for social order and the stability of commercial transactions conteract that people make , requires that contracts to prevent possible distortions and instability. The rights of the manufacturer of the community as well as the principles and constituent elements of contracts , as well as wisdom and logic on the part of trade relations , the interest of the conflict and each other , maslaha the need to conserve contractual relationships and the interest of protecting the rights of the constituent elements of contracts .

Hand to firmly establish the principle that contracts act (such as the necessity and validity ) and on the other hand guarantee the performances such as invalidity, termination and - the interests of individuals in the face of these principles guarantee - lawyer thinking and the idea led to the choice of the vas deferens not find any rational reasons between social interests as much as possible to conform to logic and legal principles One of the causes of the conflict, the parties to the marriage is wrong. According to this definition, we can say the wrong word, misconception of fact that occur when the Legal Affairs, will be the subject of rights in this regard was Vtaryfy, Tqrybashbyh the exception of slight differences in not Nhadydh . The mistake in the contract A) legal basis: On the wrong legal principles, should carry the Qur'an and Hadith and also rational reasons presented: First - the Qur'an: God in verse 29 of, devouring another unjustly prohibited and the way it can be achieved on other property, trade on the compromise is known. getting into the wrong types of contract at issue, first saw that quot;subject to contract deal or what? (9) If the wrong kind of contract: If the deal is yet certain and contrary to what is commonly thought to be the intent Party, mistake it for conventional subject, say; Like buying a table instead of a chair or buy women's shoes instead of shoes.