The Effect of Third Party Fraud on the Status of the Transaction in Iranian Law and Imamiyah Jurisprudence

Before concluding a contract, people often discuss the basic elements of the contract and the conditions surrounding it in order to form a contract based on the negotiations, but in such negotiations, some people act dishonestly and deceive the other party to get his approval. In such cases, in order to protect the deceived party, Article 439 of the Civil Code has given him the authority to terminate the contract based on the option of fraud. According to the mentioned article, if a fraudulent operation is performed by one of the parties to the contract, it causes the option of termination for the other party, but in the civil law, in case a person other than the parties deceives one of the parties to the contract and the contract is based on such fraud, there will be no sentences. Examining the jurisprudential background of the subject and the conditions for the emergence of the option of fraud and analyzing the position of the third party in relation to the contract, it is determined that in most cases except in marriage, when deceit and tricks are used by the third party without collusion with one of the parties, there would be no fraud option for the deceived party, but since the action of the deceiving person may lead to the loss of the deceived party, he has the right to refer to the deceiver to compensate the damage caused by the contract in accordance with the general rules of civil liability.