The Legal Effect of Mistake in Permission or Refusal to Unauthorized Transaction"

Unauthorized transaction occurs when a person transacts others’ property without having the following criteria: guardianship, executorship, attorneyship, tutorship or obligation of the other or property which belongs to the right of other and this transaction will be unenforceable. The legal nature of unauthorized transaction is a legal act. But regarding the legal nature of permission or refusal of unauthorized transaction that is performed on behalf of the owner or the other, there is difference of opinion. By performing data analyses, the nature of permission or refusal is a legal evident. After performing unauthorized transaction, the owner has authority to permit or refuse transaction in order to determine its circumstance. In fact, the consent or refusal of the owner of a property to an unauthorized contract can be signified by an act which signifies his consent or indicates absence of consent to the contract. Such consent is only effective and valid if it has not been previously refused; otherwise, it is not effective. The owner may make a mistake in refusing or permitting transaction. This mistake is sometime effective and sometimes ineffective. In this article, while expressing the meaning and nature of permission and refusal, the legal effects of mistake on permission and refusal are investigated.