نوع مقاله : مقاله پژوهشی
1 حقوق خصوصی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 حقوق خصوصی، دانشکده حقوق، دانشگاه تربیت مدرس، تهران، ایران
عنوان مقاله [English]
Suspension as one of the issues related to the contracts is accepted in the current legal system And even can consider the validity of suspended contracts in accordance with the rule and mention to the rules under the title of "suspendable rule of contracts". However, doubts have been raised by jurists and lawyers about the fact that collateral contracts as one of the types of known contracts in the current legal system are suspendable or not. Some scholars argue that there is no way to suspend a collateral contracts and they have cited reasons for justifying their opinion. In contrast, others believe that suspension, like other contracts, also applies to this category of contracts. Because the basic rule is that contracts can be suspended and the view that the suspension of the collateral is not correct is contrary to the principle, in this paper, the author's attempt will be to consider the reasons given by the opposition to suspend the permission of the collateral contract and examine them with an analytical view to determine their accuracy.