Mohammad Mateen Farahani 09122999788 Master of Law:
The difference between null and void
The annulment lawsuit refers to cases such as articles 353-348 of the Civil Code and cases where the transaction lacks the validity conditions and is therefore invalid.
The demand for annulment is related to the cases where the transaction is not enforced in terms of prudishness or the transaction of non-reshid persons, the subject of Article 1214 of the Civil Code, and is annulled. In other words, the transactions are either voidable or voidable.
Annulment lawsuit refers to the judicial action of the court on the annulment and declaration of invalidity of the transaction.
Competent court
If a lawsuit is related to the transaction of immovable property, the court of the location of the immovable property is competent.
If the dispute is about movable property, each of the 3 courts of the defendant’s place of residence, the place where the obligation is performed, and the place where the contract took place are competent to hear.
Who are the readers?
In addition to the party to the transaction, the defendant must be the official owner and the carriers in some forms of litigation, for example, in the case of issuing a judgment on the annulment of the transaction due to the buyer’s prudishness, he realizes that the seller has sold someone else’s property to him. In addition to the party to the transaction, the original owner must also be be the defendant, because the original owner may enforce that transaction, and the valid contract and lawsuit will be rejected, because in any case, this decision can affect the rights of the original owner. If found, he can make a third objection.
Want to be financially
The lawsuit is based on the aforementioned financial demand, so:
If the dispute is about immovable property, the stamp will be canceled based on its transaction value.
If the dispute is about movable property, according to the plaintiff’s calendar according to articles 61 to 63 of the Civil Procedure Law of General and Revolutionary Courts approved in 1379, the court fee will be paid, and in any case, the plaintiff’s calendar will be used as the basis for the appeal.
Defenses of the defendant
The defendant accepts the principle of the contract and the direction of cancellation, in this case, the proceedings will be conducted and the judgment will be drawn up.
The defendant accepts the essence of the contract, but does not accept the nullity, which the court decides on nullity.
The defendant denies the original contract or claims to forge it. Here, the court must first deal with the claim of forgery and the existence or non-existence of a contract because issuing a court ruling on the invalidity of a transaction implies the existence of a transaction and can have effects and consequences. For example, when the claimant claims the existence of a nullity condition and requests the issuance of a judgment against the purchase of a car belonging to the defendant, on the basis of which the payment of half of the price has been specified, and the defendant denies the existence of the contract and declares it fake. It is not possible to ignore the defendant’s defense with the argument that the transaction is lost and has no result, because if such a verdict is issued, the plaintiff can subsequently file a lawsuit based on the validity of the definitive verdict and claim the price paid and the damages caused by the transaction. to claim invalidity, and this is despite the fact that the nullity lawsuit has conclusive effects due to the existence of the contract, and in the lawsuit for demanding price and damages, contrary to that ruling, the occurrence of the contract and the contract cannot be ruled out, because the validity of the judgment is the prevailing price.
The court, according to the case, examines the claimant’s claims for invalidity, and if necessary, examines the claim by investigating the claimant’s witnesses and informants, examining related documents, etc. announces
This post is written by matin_lawyer