Seyyed Abolghasem Naghibi; abouzar esmaeli
Abstract
According to Article 140 of the German Civil Code, If the void legal act includes the elements of valid legal act, if the virtual will of the parties is fulfilled by the judge, the invalid legal act will be transformed into the valid legal act. in order to clarify the concept and different definitions ...
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According to Article 140 of the German Civil Code, If the void legal act includes the elements of valid legal act, if the virtual will of the parties is fulfilled by the judge, the invalid legal act will be transformed into the valid legal act. in order to clarify the concept and different definitions of the institution of conversion and to express its independent nature, the distinction of this institution with similar institutions in contemporary legal doctrine is examined. to clarify the concept and different definitions of the institution of transformation and at the same time to express its independent nature, the distinction of this institution with similar institutions in contemporary juridical doctrine is examined. To achieve these goals, a descriptive-analytical approach has been used. Reduction of the transformation process and prevention of the entry of foreign elements into the legal practice are the two main features of this institution that distinguish it from similar institutions such as partial invalidity, Novation, corrections of the contract and qualification. it can be said that the institution conversion legal act is a genuine institution and despite its similarity to some legal institutions, it has a distinct and independent concept.
