A Study of the Right to Rescind the Contract in Case of Loss Resulting from Deceit and Its Relation with the Principle of No Harm, with Emphasis on Imam Khomeini's Viewpoints

The main objective of the present research is to study the Right to Rescind the Contract in Case of Loss Resulting from Deceit and its relation with the Principle of No Harm. In the first place the right to rescind a contract in case of loss resulting from deceit and conditions for its realizations are defined and then the viewpoints of the jurisprudents about the document of this rule are discussed. The jurisprudents have employed different sources for this rule. These documents have been critically studied and finally it is concluded that rationality and stipulation are accepted as a document or a basis for this rule. Also the relationship between the Right to Rescind the Contract in Case of Loss Resulting from Deceit and the Principle of No Harm have been discussed, arguing that the Principle of No Harm cannot be a basis or a source for this option. The viewpoints of jurisprudents, particularly those of Imam Khomeini, have been taken into consideration in this research.