Comparative investigation on the effects of null and corrupt contracts in ‎Iran, Afghanistan and France law

In Iranian legal system that is based on Imamia jurisprudence and following ‎the French legal system scheme, the main executive guarantee for the breach of ‎the conditions set for concluding the contracts is known to be an annulment if it ‎is inoperative or voidable. Of course, only in some case and not as a general law ‎principle, it has included some other terms such as relative nullity or modifiable ‎nullity in its statue laws. Although in this regard, the French law system has ‎considered the terms absolute nullity, relative nullity, revocable and terminable; ‎However, following the Hanafi’s jurisprudence, the Afghanistan law system has ‎recognized and approved another general rule, namely “corrupt”, in addition to ‎the nulled executive guarantees, endowed and inoperative. This general rule ‎causes the nullity in the law system of this country to have several levels and in ‎cases, in which the contract is modifiable, prevent its annulment; so the legal ‎relations between the parties can continue. According to the Iranian and French ‎legal system, a corrupt and nulled contract are considered to be similar concepts, ‎both of which possess the same nature and have only one effect that is being ‎ineffective; But from the point of view of the Afghan legal system, a corrupt ‎contract has a nature and definition independent of a null or void contract and in ‎contrast to a null contract that due to the disorder in its elements, has not been ‎created at all in the first place and doesn’t have constructive existence, the ‎corrupt contract  does not possess any problem with respect to the validity of the ‎elements and it is considered to be a corrupt thing only because of the disorders ‎in the attributes and has an effect after taking the possession. As a result, after ‎the realization of a corrupt contract by means of legal credits, if taking ‎possession or delivering occurs, the effect of the contract, which is a property, is ‎achieved and the corrupt contract has legal effects; However, according to the ‎law of Afghanistan and Hanafi jurisprudence, this work is considered an evil ‎and illegitimate work and the utilization of the subject of the ownership to a ‎corrupt contract is forbidden by the divine law and prohibited.‎