Examining the Feasibility of Proceeding Rights to Rescission in Quasi-Irrevocable Contracts

Document Type : Original Article

Authors

1 Associate professor in private Law department of mazandaran university

2 Faculty of Law at Shahid Beheshti University

10.29252/jlr.2021.170989.1338

Abstract

The Jurists and the lawyers allocated the right to rescission- that it is a rule of general contract law  -  to the irrevocable contract. This means that legal acts lacking in “contractual " and " irrevocable " characteristics do not entail the right to rescission. The adherent of the opinion has provided reasons to prove and strengthen their approach which has been accepted by the majority of the scholars. On the other hand, a group of jurists and lawyers has argued that the right to rescission in revocable contracts shall not be impossible or unlikely. This group has given reasons for their opinion. This article is an attempt to understand whether the right to rescission is applicable to revocable and even quasi-irrevocable contracts. It will review, analyze and examine the mainstream reasoning while considering the counter-arguments  

This article is an attempt to understand whether the right of rescission is applicable to revocable and even quasi-irrevocable contracts. It will review, analyze and examine the mainstream reasonings while considering the counter-arguments .




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History

  • Receive Date: 02 March 2019
  • Revise Date: 25 April 2021
  • Accept Date: 14 December 2021

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