specialty journal of politics and law
Misrepresentation; the effects and its sentences
Mohsen Shahabi, Mohammad Jafarian Khalil Abad, Ebrahim Ashrafi, Mortaza Tavoosi
Misrepresentation is such as controversial issues of contract law. In Iranian law, misrepresentation is defined as “deceiving the main motivation for signing contracts". In Iranian law, misrepresentation will not constitute the defect, Because the defect of determination (consent) is unique to the reluctant and confused. In jurisprudence, the misrepresentations of fact on the contrary party is deemed to be misrepresentation. And the misrepresentation (option termination) is considered only way and the most effective way for the injured person according to enforcement since Iranian law is based on Islamic law .Therefore, the Iranian Civil Code (option termination) is the most effective way to prevent a loss. The purpose of this paper is to examine the meaning of the provisions of this act of misrepresentation and jurisprudence in law of Iran. In all the world, traders to attract others in transaction or decorate selves production or by using actors and women propaganda it in special conditions, an exaggeration praise of their production or their commodity. Misrepresentation is not always bad and unacceptable, sometimes misrepresentation occurs to the favorites extent permitted of parties which called to authorized misrepresentation; however, public opinion has always shown a negative reaction to the word misrepresentation and it is deemed obscene.