Guarantee the implementation of the abuse of the emergency rule in Iranian and French law

The concept of abuse of urgency in its general sense includes both emergency transactions resulting from reluctance and includes emergency transactions that, in the specific sense of the word, abuse the state of emergency. Since Article 206 of the Civil Code considers emergency transactions to be valid, many traders, aware of the state of emergency and special distressing circumstances, take advantage of this situation and enter into a transaction with distressed persons. So, the question that comes to mind here is what is the guarantee of such transactions in Iranian and French law?     

This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically.

In the law of most civilized countries, such as France, contracts based on the abuse of urgency are distinguished from emergency transactions and are subject to separate provisions. In our country's law, Article 179 of the law, which is adapted from the law of France, deals with this issue and in such cases, for the distressed, the right to amend the contract is considered. Accordingly, various opinions have been expressed about distressed transactions in case of abuse of urgency, which can be summarized in five comments: 1- The validity of the transaction 2- The validity of the transaction with the right of termination for the distressed 3- No influence of the transaction 4- Transaction; It seems that considering the realization of the spiritual element of reluctance, the non-influence of the transaction in this case is more compatible with legal logic.