نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانشیار گروه حقوق و فقه اجتماعی پژوهشگاه حوزه و دانشگاه، قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The issue of fraudulence in the law and its effects, both in domestic law and in private international law, is one of the challenging issues, and due to the silence of the legislator, there are various points of view about it. One of the points of view about the invalidity of the fraudulent act is the result of the lack of the order of the intended effects on it, and to prove his point of view, he has cited the theory of the illegitimate direction, which has been reflected in Articles 217 and 218 of the Civil Code. Investigating these two articles, especially about their jurisprudential base and comparing and matching them with the issue of fraudulence, this article has concluded that, firstly, due to the basic conceptual and factual differences between "illegitimate direction" and "fraudulence against Law", logically, these two articles cannot be cited to discover the decree of fraudulence. Secondly, even if a reference is considered, neither the point of view of nullity of the fraudulent act nor other points of view can be used from these two articles. However, the new point of view of "the suspension of the fraudulent act" is used in these two articles.
کلیدواژهها [English]
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