نوع مقاله : علمی - پژوهشی
نویسندگان
1 استاد گروه حقوق دانشگاه تهران
2 دانشجوی دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The continuity of individual contracts such as employment contract, hiring, acting and marriage has been questioned after gender change which was studied according to jurisprudence and legal sources and doctrine. In general, whenever a feature or issue had considered as an effective cause for purpose of contract or as an implied term for intention, continuity or dissolution of the contract may depends on it. In principle if effective intention of one of the parties become defective by the change of gender as a vitiation issue, that legal act will have been dissolved, and if the effective cause of the contract become defective, the other party will be entitled to terminate the contract or that contract will have been dissolved automatically. In addition to paying attention to accuracy principle, by inferring from articles 1071, 1105 and 1106 of the Civil Code, the gender difference of the parties is one of the fundamental clause for validity of marriage, In addition, due to the defect of the intention, effective cause (general issue) and also illegitimacy of the contractual purpose, the marriage will have been dissolved. The issue in the employment contract is slightly different, that is, in cases where gender change creates a religious obstacle to employment or be against the public interests, the contract will have been dissolved based on Article 6 of the Labor Law, but according to the prohibition of discrimination and necessity to protect of worker rights, when effective cause (general issue) of the employment contract will been defected, the employer will only have the right to terminate. However this right just will possible when the special gender had been actual requirement, not just accordance to job advertisement.
کلیدواژهها [English]
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