Critical Analysis of Right of Rescission in Unilateral Acts

Right of rescission is one of the main topics of contract law in Islamic jurisprudence as well as in Iranian Law. Jurists and lawyers have devoted part of their books to this topic. The issue discussed in this area is the scope of right of rescission, called " necessary contracts" by jurists and legal scholars. In other words, legal acts lacking the description "contract" and "necessary" are exempted from being subject to the right of rescission. Although supporters of this opinion have put forward reasons to justify it and it is seemingly logical, a careful look at reasons given, criticisms , principles of right of rescission, rules of contract law and principles of interpretation proves the opposite view and not the famous one. This article examines famous and opposite opinions by conducting a critical analysis.