نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان، زاهدان، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract:
The conclusion of a contract is one of the most important tools for regulating social and economic relations, and its validity depends on the principle of the parties’ free will. However, in certain cases, free will is limited due to external pressures such as coercion, which can undermine the contract and lead to legal disputes. Examining the foundations and effects of coercion in contracts from a legal perspective, particularly through comparative studies, is of great significance; as a precise understanding of this concept can help prevent potential abuses and provide a basis for the reform and development of regulations.
The present study, employing a descriptive–analytical method and relying on library-based resources, comparatively examines the institution of coercion in Iranian and Indian law. The main research question is how coercion affects the validity of a contract, and how the conditions for its occurrence and its legal consequences are defined in the two legal systems. The findings indicate that both systems recognize the principle of the sovereignty of will and consider contracts resulting from coercion as voidable. However, Iranian law offers a more comprehensive and realistic explanation of the foundations of coercion and defines a broader scope of threats; consequently,
کلیدواژهها [English]
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