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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
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Subchapter I – Elements of Contract
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3- Void
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
Law Summary Record
Type:
Law
Number:
16
Date:
25/08/1971 Corresponding to 04/07/1391 Hijri
Number of Articles:
477
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
01/01/1971 Corresponding to 05/11/1390 Hijri
Page from:
3458
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Section Name
3- Void
36 Article
(Repealed)
Where the law recognises the right of one of the contracting parties to revoke the contract, the other party cannot avail himself of this right.
6/30/2004
37 Article
(Repealed)
The right
to void a contract shall be forfeited
by express or implied authorization.
Without prejudice to third parties' rights, such authorization shall be effective on the date on which the authorization is concluded.
6/30/2004
38 Article
(Repealed)
The right to void a contract shall be forfeited if not claimed by the concerned party, within the period of three years.
Prescription shall run: in the case of legal incapacity, from the date of the cessation of such incapacity; in the case of mistake or fraudulent misrepresentation, from the date on which the mistake or misrepresentation is discovered; in the case of duress, from the date it has ceased.
In all cases, the right to demand the revocation of a contract as a result of mistake, fraudulent representation or duress shall lapse after a period of fifteen years has elapsed from the date of the conclusion of the contract.
6/30/2004
39 Article
(Repealed)
In case the contract is void, any oncerned party shall adhere to the nullity. The court shall,
ex prprio motu
rule on such invalidity. Nullity shall not be fortifeited by warranty. The nullity suit shall lapse fifteen years after the conclusion of the contract.
6/30/2004
40 Article
(Repealed)
In case the contract was void or in case of its abolition, both parties be
reinstated
to their initial state. That being impossible, court may rule a fair compensation.
Though the incompetent shall not, due to their incompetency, be committed to remunerate anything more than what they have earned after concluding the contract.
6/30/2004
41 Article
(Repealed)
Where any provision of the contract is invalid or voidable, such provision only shall be revoked, unless it is evident that the contract would not have been concluded without such provision, in which event the contract shall be revoked in full.
6/30/2004
42 Article
(Repealed)
Where the contract is invalid or voidable,
but including the elements of another contract,
such contract
shall be valid and counted as the contract including these elements itself; after proving the intention of the undersigned to conclude the contract.
6/30/2004
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