Document Type : research
Authors
1
PhD Student, Department of Private Law, Faculty of Humanities, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
2
Assistant Professor, Department of Private Law, Faculty of Humanities, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
3
Assistant Professor, Department of Law, Bileh Savar Branch, Islamic Azad University, Bileh Savar, Iran.
10.22034/ejs.2024.433618.1652
Abstract
Background and Purpose: Relativity of contracts is one of the important issues that has always been the subject of discussion. The purpose of this article is to examine the scope of the principle of relativity of contracts in Iranian and Canadian law.
Materials and Methods: This article is theoretical and descriptive analytical method is used. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: Contrary to Iranian law, which examines forced and voluntary successors of both parties under the title of deputy, in Canadian law, such a division is not visible. In Canadian law, they have raised the subject of the representative office under the headings such as assignment by the actions of the parties, assignment by operation of the law or voluntary and forced assignment, and the like, which the term assignment by law or forced assignment is more or less reminiscent of the general assignment of authority in Iranian law.. In this context, we can refer to death and bankruptcy in Canadian law.
Result: If a person who enters into a transaction on behalf of another party, if he does not declare his position as an agent when concluding the contract, the principle is that he is genuine and a relative relationship is established between him and the party to the contract, but the agent can prove his agency from The scope of contractual relativity is removed and the original can be included in the contract by proving it and benefit from its effects.
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