تحليل آثار و احكام بطلان و ابطال اعمال حقوقي با تاكيد بر رويه قضايي ايران

Analysis of the Impact an‎d Judgments for Nullification an‎d Invalidation of Legal Acts with Emphasis on Iranian Judicial Practices

حقوق

The principle of freedom an‎d autonomy of will allows individuals to regulate their legal relations based on their free will; however, this freedom is not absolute an‎d is subject to limitations imposed by the legislator, public order, an‎d good morals. Whenever the parties’ will conflicts with these limitations, the validity of the legal act is undermined, an‎d the law provides remedies such as nullity an‎d annulment to address this defect. This research, by drawing a clear distinction between void contracts an‎d voidable contracts, seeks to clarify the position of each within the Iranian legal system. In the realm of legal acts, the principle is that contracts are not subject to annulment, an‎d annulment is only possible in exceptional cases expressly provided by law. Therefore, a contract cannot be considered voidable unless the legislator has specifically prescribed annulment as its legal consequence. Adopting a descriptive-analytical method an‎d emphasizing judicial practice, this study examines the concepts of nullity an‎d annulment an‎d their respective legal effects, as well as the proper manner of filing claims an‎d the nature of judicial decisions in this field. The findings indicate that the most significant distinction between nullity an‎d annulment lies in the nature of the court’s ruling. This fundamental difference produces both direct an‎d indirect effects on subsequent transactions based on the original contract, as well as on the rights of third parties. In this framework, while nullity results in absolute invalidity an‎d extends to subsequent transactions—requiring restitution of the exchanged performances—judicial annulment, due to its constitutive effect, preserves the validity of third-party transactions an‎d, by invoking the concept of constructive loss, ensures both transactional stability an‎d contractual balance.

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