عنوان مقاله [English]
Non-influence is a situation in which a legal act has no full legal effect until it is enforced in some legal acts due to non-compliance with the legal requirements for validity. Invalidity is a situation in which a legal act, having this status in the world of law, is considered extinct and lacks legal existence and effect. According to Article 190 of the Civil Code, the absence of consent can be proposed as the main basis for non-influence in contracts, and in principle, any contract between the parties is valid and requires the parties to implement its provisions; if the contract is invalid for any other reason, it may be revoked or ineffective. Relative invalidity is also one of the guarantees of breaches of contract rules, which is a well-known legal entity in French law. Whereas in Iranian law, what is called relative invalidity is a kind of inability to rely on a contract, and this is important to protect certain persons (third parties), and to eliminate losses and repel it from these persons who enter into a contract in good faith. Given that part of the Iranian law is adapted from the French Civil Code in the General Rules of Contracts, some consider non-influence to be equivalent to a guarantee of relative invalidity in French law while examining the status of relative invalidity in French law shows that relative nullity is not the same as non-influence and the two guarantees of execution are completely different because in an impenetrable contract, the pre-null contract has no effect, while in relative nullity, the pre-null contract has legal effects and in French law in addition to relative invalidity, non-influence is also accepted, which indicates the difference between these two performance guarantees. The relative invalidity accepted in French law has a few instances in Iranian law as well, which are exceptionally included under some articles of commercial law.