نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
In Article 423 of the Commercial Law, . Article 557 considers all contracts concluded after the date of termination of the trader to be invalid. The phrase "all contracts after the date of suspension..." apparently caused any contract concluded by the merchant after the suspension to be subject to the general ruling of this nullity. Among these contracts, the sale contract is doubtful. the sale contract is not harmful and is not subject to the provisions of Article 423 and its clauses, and on the other hand, it is subject to the general provisions of Article 557. In order to study the status of the sale contract concluded during the doubtful period, in this research, the subject was addressed by studying the sources of Iranian law through analytical-descriptive method. Based on the results of that, the sale contract made during the doubtful period, although it is dubious, is usually not harmful and does not fall under the clauses of Article 423. the general ruling of annulment mentioned in Article 557includes and invalidates the sale contract of doubtful period if this contract was made as a result of misdemeanor or crime. If the contract of sale concluded during the suspicious period is not subject to the general sentence of Article 557 . As a result, the principle of validity of contracts, which governs the legal actions of the businessman until the issuance of the bankruptcy judgment, governs the sales contract made during the doubtful period,
کلیدواژهها English