نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
2 استاد گروه حقوق خصوصی، دانشکد حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
3 استاد گروه حقوق خصوصی، دانشکد حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Induction in legal resources has a story of the multiplicity of cases of use of revocation to legal acts. Although, The present effects are valuable to display this word and commandments settled on it. But, in spite of the differences in the nature of revocation in each of its stances, and therefore its characteristics and commandments, it was described, autocratically, as a “right” or “commandment”. This legal status is due to different interpretations made in jurisprudence and legal effects from right and commandments concepts and their logical relation. Therefore, the issue of revocation requires to hesitate in multiple issues such as supervision of the unilateral acts or contracts` creative nature, also waiver capability.
The result of this research, which has been done by descriptive-analytical method, indicates the position of referral as a verbal common between right or commandment, in contrast to the type of righted, type of imperative, is individual and unable to waive, this relativity, Is supported relying on the criteria of the appropriate order of collective life. The legal doctrine recognizes the capability to divide rights according to the possibility of waiver and negotiability. in to "positive right", "negative right", "claim right" and "power right", among which, the relevant fundamental rights considers human beings in the line of "negative rights", irrevocable and non- negotiability. In French law, the words of "Retractation" and "Revocation" are used in meaning of "referral", if they were a subject related to public order and good morals, considered as an imperative rule and counted allocated the principle of ruling will and so, it`s waving will be invalidity. If no, “revocability” considered as a “Right”; restricted to private relationships and capable to waive.
KeyWords: Contract, Unilateral Obligation, Revocation(Retractation), Transfer and conveying, Waiver.
کلیدواژهها [English]
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