نوع مقاله : علمی و پژوهشی
استادیار دانشکده حقوق و علوم سیاسی دانشگاه شیراز
عنوان مقاله [English]
Everybody, in his daily life, can make unwillingly contracts. If there is any duress in contract could we say that it is effective in positive law? It is a very jangle raising the question in this matter, whether the evaluation of fear is subjective, objective or both of them, subjective and objective. Every of these three views has its advocators. In relation to the conditions of realization of duress there are similar view points in law of Iran, France, and Egypt,. In Iranian civil law, the subjective and the objective view are compounded. The form of the article 202 of Iranian civil law resembles the article 1112 of French civil law. The sentences of French courts follow subjective methods. Egyptian civil law is better, as it accepted only one method (the subjective one).
انصاری، شیخ مرتضی، 1418ق، مکاسب، بیجا، ، مؤسسه الهادی، ج3.
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