Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 7 4 2020 12 21 A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence A Comparative Study of the Foundations of Non-opposability in the Laws of Iran and France and Imamiyah Jurisprudence 33 66 1747 10.22091/csiw.2021.4973.1688 FA Mahsa Robati Ph. D. Candidate in Private Law, Faculty of Law, University of Tehran, Farabi College. 0000-0002-2575-9289 Saeed Mohseni Associate Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad . Syyed Mohammad Mahdi Ghabouli Dorafshan Associate Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University of Mashhad. 0000-0001-7604-7241 Journal Article 2019 12 14 Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and neglect do not negate all the effects of the legal element, especially its effects on the direct persons (such as parties to the juridical act). In this article, due to the numerous examples of non-opposability in commercial law, by classifying the mentioned examples of inopposability in commercial law, the whyness of non-opposability in these cases is analyzed and this point is studied whether it is possible to present a general and pervasive basis for all of these multiple examples? In this study, for achieving an appropriate answer, through a comparative approach and by means of a descriptive-analytic method, in addition to investigating the foundations put forward in French law as the origin of non-opposability situation, the rules of Imamiyah jurisprudence confirming the aforementioned situation have been examined as well. Non-opposability” is a legal situation that means the ability to deny legal elements (such as contracts). It means that third parties injured by the legal elements may disregard the effects of such elements on their own and reject the legal existence of such elements. However, their rejection and neglect do not negate all the effects of the legal element, especially its effects on the direct persons (such as parties to the juridical act). In this article, due to the numerous examples of non-opposability in commercial law, by classifying the mentioned examples of inopposability in commercial law, the whyness of non-opposability in these cases is analyzed and this point is studied whether it is possible to present a general and pervasive basis for all of these multiple examples? In this study, for achieving an appropriate answer, through a comparative approach and by means of a descriptive-analytic method, in addition to investigating the foundations put forward in French law as the origin of non-opposability situation, the rules of Imamiyah jurisprudence confirming the aforementioned situation have been examined as well. https://csiw.qom.ac.ir/article_1747_ab7ed495060365d305821f1dad08a587.pdf