Examining the effects of mistakes in the contract in the legal system of Afghanistan and Iran

Undoubtedly, one of the principles governing contracts is the principle of sovereignty of will. The will of the parties leads to a valid and effective contract that is healthy and free from any defects. One of the defects of the will is a mistake. Therefore, regarding the impact of the mistake on the fate of the contract, different assumptions should be distinguished. In the current research, the effects of mistakes in the legal system of Afghanistan and Iran have been comparatively investigated. In the present research, which is based on the descriptive-analytical method, it has been concluded that in the legal system of Afghanistan and Iran, a mistake is effective as a defect of will in the contract when it is related to the element of intention and satisfaction. In addition, a mistake has legal effects when: 1) it is fundamental; 2) be placed in the settlement territory; 3) It is not opposed in good faith, that this third condition is only prescribed in the legal system of Afghanistan; Therefore, according to the accepted basis of the legal system of Afghanistan and Iran, the effects of mistakes are limited to invalidity and termination of the contract. based on the damage caused to the contract by mistake; If the element of intent is removed, which is a separate concept, it is the reason for invalidity of the contract, and if the element of consent, which is a doubtful concept, is defective, it is the reason for the termination of the contract, and lack of influence is never accepted as a wrong effect