نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Contrary to the traditional view, in which relying on the private concept and function of the contract, the third party and the contract are considered two unrelated categories, and briefly, the lack of effect of the contract on the third party is satisfied under the principle of relative effect of the contract. But in the new perspective, by focusing on the principle of socialization, the contract is assumed to be a social phenomenon with a social function, which enters the public space as an essential element and necessarily creates effects in relation to third parties. These works are of interest beyond the concept of the principle of relativity and bring to mind the need to pay more attention to the third party and are a basis for the formation of protective approaches towards the third party to protect him from the effects of bad contracts.
Support for the third party in the formation of the contract is crystallized in the form of exceptions to the general principles and rules. Prohibition and limitation in concluding a contract; Formalism and the need to announce the intention and publish the legal act to inform the third party and the need to obtain his consent and approval are among the exceptions to the principle of the sovereignty of the will to support the third party in the stage of concluding and forming the contract, and in this condition, this support includes the right to control and monitor. The third is based on the contract.
کلیدواژهها English