Legal-Juridical Analysis of the Basis and Impact of Harmful Contracts on the Relations of the Sides and the Third Parties under the Act 2014 of the Way of Implementing Financial Sentences

  •  Mahboobeh Mina    
  •  Mehdi Sokhanvar    
  •  Davood Jahanbazi    
  •  Seyyed Hoseyn Hoseyni Rechi    


Given the relativity principle of contracts their impacts in proportion to third parties are an exceptional issue. In a possible assumption there is a possibility of harm and damage to a third party because of the contract between two people. In our juridical texts, some religious experts have sporadically in a topic of jurisprudence stated the instances of these contracts and have considered two theories of validity and invalidity about them. On the basis of this assumption, although the law of the way of implementing financial sentences considered hanged in 2014 but its 21st article with a bit of expansion has considered the former result. Therefore concerning these contracts by considering the valuable rule of the principle of no harm, we can accept the theory of relative lack of influence. Given the importance and role of the contracts in the life of community members and the lack of determining the influence of such contracts in legal and juridical texts the analysis of these impacts seems to be necessary. In the present article by analyzing the subject in legal and juridical texts of Iran the influence of these contracts in the relation between the parties and in proportion to third party is analyzed.

This work is licensed under a Creative Commons Attribution 4.0 License.