نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
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, which consists of intention and consent, plays an essential role in the creation of obligations; in other words, each element of the will—intention and consent—affects the fate of a legal action in terms of the decree of invalidity of that action. The nature of this effect and the consequences of the absence of any of the essential conditions for the realization of will in the field of contracts have been examined by jurists and lawyers, and its order in the realm of contracting is stipulated in civil law. However, there are many ambiguities in unilateral acts regarding the role of will and the determination of its essential conditions. These ambiguities result from the silence of many provisions of civil law relating to unilateral acts and the limited studies by 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 their specific rules. But important issues such as the role and effect of intention and consent in the formation of unilateral acts, as well as the theory of invalidity and the concept of interferential unilateral acts—which relate to the general rules of unilateral acts similar to contracts—are not clear from the viewpoint of this law and remain subjects of discussion and disagreement in jurisprudence. In this research, the authors attempt, using a descriptive-analytical method, to examine the role of intention in unilateral acts and thereby contribute to clarifying the views of supporters and opponents of the separation of intention and consent, as well as to study the application of the theory of invalidity in unilateral acts.
کلیدواژهها [English]
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