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Citizens' rights is one of the important issues in the current society that That people have it due to membership in a nation-state In terms of civil, political, social and economic rights, In the light of two principles of human dignity and social justice. It is considered as one of the most important fundamental rights of individuals, that considering it as one of the indicators of the stability of economic security, especially in the area of transactions, it seems necessary. Economic security is the most important issue in citizens' rights, which requires the existence of healthy business relations between citizens and the Coagulation of transactions in a reassuring place and therefore the property of individuals should be protected from any violation and aggression. The legislator considers the security and accuracy of transactions in related to intention of the actual creation of the contract companions. But in some cases, individuals destroys others Dignity by various motivations And escaping legal constraints and they take action to Coagulations that there is no real intention to do it. From the examples of such transactions, can refer to unconscious child, comatose, mad and Drunk person and, most importantly, formal transaction in order to escape depts. Which is one of the most prominent trades that is devoid of serious will. The formal transaction is a condition in which the sids apparently pretend to have established a contract, but do not actually adhere to its provisions and there is no real intention to establish a legal relationship.
The formal transactions in jurisprudence and in Iranian law are False. It is due to the lack of real intention and legal protection of citizens, especially creditors and the securing of void transactions. It seems that the weakness of citizens' awareness about the effects and consequences of this kind of transactions and the non-compliance with the ethics and principles of citizenship rights, including the principle of dignity, security and justice, provide the necessary context for the prevalence of these transactions. The present study uses a library research method to investigate the legal and juridical foundations of non-serious transactions as well as the relation of these transactions with citizenship rights.


Please cite this article as: Mousavi RS, Azimi Garakani H. Investigation of Legal and Jurisprudential Basic of Formal Transactions with an Approach to Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2019; 73-86.

Keywords: Citizenship Rights, Intent, Will, Formal Transaction

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