Analytical look at third-party engagement as an exception to the principle of relativeity of contracts

One of the important results of the principle of the will of will is the principle of the relative nature of the contract, according to which the contract only affects two parties and their legal successor and does not create any right or religion towards third parties. This has been accepted in Article 231 of the Civil Code of Iran and Article 1165 of the Civil Code of France, as the effect of treaties on third parties, and in Islamic jurisprudence, the principle of non-power for others and the principle of sovereignty of will have been accepted. The reason for this is that no one can interfere in property without having the representation or permission of the owner or the law. The prohibition applies to financial and non-financial affairs, and the violation of this principle requires the provision of a solid and sufficient reason. But this rule has not been completely abandoned, and there are many exceptions to it in current law, such as venture deals, third-party ventures and collective bargaining. However, the principle of the relative nature of contracts is more relevant at the stage of contracting; for example, in the transaction, it is debatable whether the vendor or vicegerent is nominating the owner of the finance, while not owner or, if the owner does not allow himself His representative is introduced, and in either case he is alien to the contract between the owner and the genuine, but in a step forward, it is possible to exceed the principle of the relative validity of the contract, which is at the time of execution of the contract; with the explanation that a third party may Apart from the parties to the contract, you commit yourself to a commitment. The way to deal with this issue is different in countries such as France and Britain, and in Iranian law and Islamic jurisprudence, due to the fundamental differences that exist in major legal systems such as Roman-Germanic and Comenella. One of the main reasons for interference in non-affairs is the "Al-Qa'r-e-Qa'aqi". It may be argued that this jurisprudential principle is the only common ground that has been used to legitimize the legal entity of the non-profit organization or the administration of affairs in all other legal systems.