The state of transactions of a drunk person in different levels of drunkenness; Organizing the theory of non-penetrability of some transactions of a drunk person

Articles in Press

Document Type : Original Article

Authors

• Amirabbas Askari ¹
• علی یاری نژاد ²

¹ PhD in Private Law / Faculty of Law and Political Science / University of Tehran / Tehran / Iran

² میدان آرژانتین بخارست احمد قصیر. شانزدهم غربی پلاک 10

10.22067/jfiqh.2023.81448.1554

Abstract

One of the basic conditions for the validity of contracts is the "intention" of the parties and their "satisfaction". The lack of intention leads to the invalidity of the contract and the lack of satisfaction leads to its lack of influence. Article 195 of the Civil Code considers the transaction while drunk as invalid due to the lack of intention. According to the opposite meaning of the article, the transactions of a drunk person are either recognized as invalid due to the lack of intention, or due to the lack of deterioration of the intention, it is considered correct. Famous jurists and jurists also have the same point of view regarding the transactions of a drunk person. This is despite the fact that, from the point of view of medicine, drunkenness has levels that validity and invalidity cannot cover the transactions that occurred at all levels. Sometimes drunkenness causes deterioration of a person's intention and satisfaction, sometimes drunkenness does not disturb any of the intention and satisfaction, and sometimes a drunk person has an intention but his satisfaction is disturbed. Regarding the last paragraph, the question that can be asked is, what is the status of a drunk person's transaction? On the one hand, a person has an intention and his transaction cannot be considered invalid, and on the other hand, his consent is distorted, and for this reason, it is not possible to ....-

Keywords

• "Transactions of a drunk person"
• "Effect of hallucinogens in contracts"
• "Drunken degrees and contracts"
• "Contract status in unconsciousness"

Main Subjects

• Jurisprudence and private law

---