پژوهش‌نامه حقوق اسلامی (Aug 2018)

Examining the Effect of Will on the Development of Unilateral Act

  • Abolhassan Mojtahed Soleimani,
  • Seyed Mohammad Sadegh Mousavi,
  • mohsen emamigheshlagh

DOI
https://doi.org/10.30497/law.2018.2310
Journal volume & issue
Vol. 19, no. 1
pp. 257 – 278

Abstract

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The effect of will on legal acts has been accepted as a general principle; individuals create obligations for themselves and others by their will, and thereby receive a binding force in relation to their will within the framework of contracts and unilateral acts. The will that consists of intention and consent plays an essential role in the creation of obligations; in other words, each element of the will, i.e. intention and consent, affects the fate of legal action in terms of a decree of invalidity of a legal action. The nature of this effect and the guarantee of the lack of any of the essential conditions for the realization of will in the field of contracts have been considered by the jurists and lawyers and its order in the field of contracting is stipulated in civil law. However, there are many ambiguities in the unilateral acts regarding the role of will and determining its basic conditions. These ambiguities are the result of silence in many provisions of civil law relating to unilateral acts and few studies by jurists and jurists in explaining these rules. Civil law, while highlighting important unilateral acts such as abstraction, termination, admission, taking into account, and divorce, mentions some of its specific rules.. But important issues such as the role and effect of intention and consent in the development of the unilateral acts, as well as the theory of invalidity and interferential unilateral act which is related to the general rules of unilateral acts such as contracts, are not clear from the viewpoint of this law and there is a place of discussion and disagreement in jurisprudence. In this research, the authors are trying to use a descriptive-analytical method by examining the intention of perform in the unilateral acts and thus, take a step to explain the views of the supporters and opponents of the separation of intention and consent, as well as the study of the channel of the theory of invalidity in the unilateral acts.

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