نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The purpose of this research is to clarify and analyze the examples of the prohibition of the abuse of urgency in Iranian law. In this regard, various studies have been conducted on the conditions and elements of the abuse of urgency, analyzing the arguments of those in favor and those opposed to this debate. The results of the research, which was conducted using a descriptive-analytical method, show that the main examples of the prohibition of the abuse of urgency in Iranian law include the prohibition of the abuse of the right of ownership, material and legal possessions, the right to return the real property from the usurper, the right of usufruct and easement, and compensation for damage caused by the abuse of urgency. Also, the conditions and elements of the abuse of urgency in the Iranian legal system include lack of consent, lack of external pressure, unfairness of the contract, and the awareness of the other party of the emergency situation. The results of the research show that in Iranian law, the interpretation and implementation of the prohibition of the abuse of emergency in various cases, especially in contracts and complex legal relations, requires revision and the formulation of clearer and more precise rules. Also, the importance of paying attention to the principles of fairness and justice in dealing with emergency situations and preventing possible abuses should be further emphasized.
کلیدواژهها English