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The Effect of Mistake as to the Subject Matter of the Contract in the French, English and Iranian Legal Systems
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Ahmad Esfandiari1   , Kobra Moradkhani2 |
1- Assistant Professor, Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran
2- Sari Branch, Islamic Azad University, Sari, Iran |
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Abstract: (10 Views) |
Mistakes in the subject of contracts are considered one of the fundamental challenges of contract law, which have been faced with different approaches in French, English and Iranian legal systems. This research, using a descriptive-analytical and comparative method, examines the concept, requirements and legal effects of this type of mistake in the three aforementioned systems. With the 2016 reforms, French law has presented a flexible and will-based approach by eliminating the theory of "cause" and replacing it with the criterion of "essential characteristics" and the condition of "non-negligence". English law has also prioritized the security of transactions by dividing mistakes into common, bilateral and unilateral types and applying the strict criterion of "fundamentality of the mistake". In Iranian law, despite the richness of jurisprudence and the existence of rules such as "contracts are dependent on the minds", Article 200 of Iranian Civil Code merely refers to the creation of an option to rescind the contract but does not explicitly address cases of mistake regarding the essence of the subject matter-a gap that can be bridged through judicial precedent and the opinions of jurists. Findings indicate that, to resolve existing ambiguities and align with modern developments, Iranian law requires the enactment of clearer regulations defining the "essence" and "essential attributes" of the subject matter, as well as distinguishing between different types of mistake.
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Article number: 1 |
| Keywords: Mutual mistake, Unilateral Mistake, Essence of the Contract, Essential Description, secondary Mutual mistake, unilateral mistake, essence of the contract, essential attribute, Secondary Description. |
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Full-Text [PDF 618 kb]
(3 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/23 | Revised: 2026/10/7 | Accepted: 2026/10/24 | Published: 2026/12/22
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