نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In accordance with Article 196 of the Iranian Civil Code, “Anyone contracts for himself, unless the contrary of this is stipulated in the contract or is proved in the future.” Iranian law scholars have interpreted this provision in two different ways. Some consider it as confirming the theory of the “apparent will” and claim that the exception set forth in this article only regulates the legal relationship between the representative and the principal, not the legal relationship between the representative and the contractor. Therefore, the legal relationship between the representative and the principal is not citable against an unaware person. The history of Shiite jurisprudence confirms this as well. Others, however, believe that the exception set forth in this article only regulates the legal relationship between the representative and the contractor, and that the relationship between the representative and the principal is also citable against the unaware person. The first interpretation is based on the theory of apparent will, which is rooted in the need for public policy, and the second interpretation is based on the freedom of contracts. This article seeks to examine both interpretations and their reasoning in Iran, with emphasis on the proper interpretation according to Shiite jurisprudence, and to determine the best view. At the end of this article, the second view is accepted.
کلیدواژهها [English]
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