A comparative analysis of the null and fasid (vitiated) contract in Iranian and Afghanistan civil codes

Abstract

Iranian legal system has been established based on Imami Jurisprudence and its main sanction against violating the established rules on validity of contract is nullity. Moreover, there are other concepts such as relative nullity or null amendable in law, but not as a general rule of law. While Afghanistan's legal system, in addition to rules of null and ineffective sanctions, recognized and confirmed another general rule based on the Hanafi jurisprudence as "Fasîd" (Vitiation) that causes the Nullity in this legal system to have grades, and in  cases whereby the contract is amenable, its nullification is prevented and the contractual relationship of parties continues. Such concept could also enter the Iranian legal system, not with all its consequences, however, as a rule and replacement to concepts of the specific.