Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2008-SUMMER 2009 , Volume - , Number 4; Page(s) 101 To 131.
 
Paper: 

UNDUE IN FLUENCE AND ITS EFFECT ON CONTRACTS IN ENGLISH LAW AND THE COMPARATIVE STUDIES WITH IRNIAN LAW

 
 
Author(s):  HASSAN ZADEH HEIDAR*
 
* 
 
Abstract: 

From legal point of view the undue influence in English law is comparable to consent defects and into three categories: Actual undue influence presumed undue influence type I (special relation like the one between parent and child) presumed undue influence type2 (relation based on confidential like that existing between husband and wife).
Manifestly disadvantageous is an element in the formation of the last two type.in English law the undue influence makes a contract voidable. Regarding the fact that the regulation on duress in the Iranian law are traditional and do not meet the needs of today s life and that the regulation on necessity too does not make the contract invalid we suggest that reform be made in the duress and necessity regulation taking into consideration the experiences of other countries like England. But as these reforms are not made yet an effort has been made in this article to expand the domain if duress and restrict that of necessity by what is called here (the duress necessity transactions).though the undue influence and the duress necessity transaction are substantially different there are similarities between the two.

 
Keyword(s): DURES ACTUAL, UNDUE INFLUENCE, PRESUMED UNDUE INFLUENCE TYPE I PRESUMED UNDUE INFLUENCE TYPE2, VOIDABLE NECESSITY EQUITY, UNCONSCIONABLE BARGAINS, THIRD PARTY RIGHTS
 
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