Common principles governing on revocable contracts Jurisprudential and legal analysis

Abstract

Purpose: In this article, we will examine the obligation that the parties to the revocable contract are permitted to fulfill their obligations to this contract until the contract is continued and not terminated, as well as study the rules governing the formation and rules governing the dissolution of the revocable contracts. Methodology: The present research is applied in terms of purpose and content analysis method. In the organization of research, the documentary and library methods have been used and the information analysis has been obtained qualitatively and based on the inference of the researcher on the sources and texts. Findings: One of the most important legal institutions and organizations in all legal systems is contract and agreement so that today it is considered as the main means of legal and economic construction of human societies and is the cornerstone of many socio-economic relations of people in the society. The stability and security of the socio-economic relations of the society and the maintenance of public order depend on the credit of contracts and the adherence of individuals to their duty and responsibility and obligation to the contract and the implementation of its provisions. Article 184 of the Civil Code of Iran refers only indistinctly to the two divisions and without specifying the divider of each type and direction of division. It's as though the aforementioned types are one of the divider. Article 184 stipulates that contracts and transactions shall be divided into the following categories: binding contract, revocable contract, optional contract, unconditional contract and conditional contract. Conclusion: Regardless of the fact that people such as Mirza Naini Sheikh Mousa Khansari in Manieh al-Taleb are not considered revocable contract as a valid contract, nevertheless, the division of contracts into binding and revocable has two practical uses. In the binding contract, the two parties to the contract or one of them are committed to their covenant and cannot arbitrarily break the covenant, but, in the revocable contract, they can terminate the contract without any impediment. The revocable contract is dissolved for the death and madness and imbecility of a party.