The basis of philosophy of contract realization
Subject Areas : Islamic theologyجلیل قنواتی 1 , امید غلامعلی تبار فیروزجایی 2
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Abstract :
Basically, the philosophy of contract realization is based on two theories: a view based on formalism and the restraints of the words and specific forms for conclusion of the contract, and the other is based on the freedom of will in concluding the contract. However, after the Renaissance, intense oppositions to formality began and the sovereignty of will has grown steadily, and this transformation and attitude has also become more objective in the legal system of Iran after the constitutional revolution, but after a while a lot of criticism, philosophically or legally, appeared regarding it and its severity and intensity has been reduced. In Iran's law, by setting Article 10 of the Civil Code as well as Article 957, the legislator has shown tendency to the principle of sovereignty of will, but this does not mean that we interpret the traditional and jurisprudential texts according to modern interpretations.
