Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A Comparative Study of the Concept of Tadlis in Open Contracts in Jurisprudence, Iranian and British Law

Document Type : .

Authors
Seyed Hamed Borghei 1
Seyed Mohammad Hosseini 2
Ahma Shams 2
Ahad Abagherzadeh 2
1 PhD student in Private Law, Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran.
2 Assistant Professor, Department of Private Law, Faculty of Human Sciences, South Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2024.445724.1717
Abstract
Background and Aim: Tedlis in open contracts is one of the important issues that needs to be discussed. Based on this, the purpose of this article is a comparative study of the concept of tadlis in open contracts in jurisprudence, Iranian and English law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that due to the nature of these types of contracts, drafting in open contracts may lead to many problems that are not as complicated as in other contracts. In Iranian law, a general definition of tadlis is provided. Based on this, forgery is an operation that causes deception of the transaction party. In English law, falsification is considered as part of the broad theory of "false statements".
Conclusion: In the English law, manipulation affects open contracts in the form of an unrealistic description and at the same time major. This is despite the fact that in Iranian law, while the description must be untrue and effective, it must also be presented with the intention of deception, so that open contracts can be terminated based on falsification.
Keywords
Tadlis
open contracts
jurisprudence
Iranian law
English law
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, Issue 5 - Serial Number 5
Studies of economic jurisprudence
Summer 2024
Pages 731-746