The impact and role of the theory of trust in concluding contracts in Iranian law and Imamiyya jurisprudence
Subject Areas : Civil Law
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.
Keywords: Theory of will, Trust theory, Good faith, Apparent authority,
Abstract :
In contract law , the theory of trust is the opposite of the theory of will, and based on it , in many cases , the basis of a person,s obligation and responsibility is not his will , but the reasonable trust of the other party in the legal relationship. At different stages of the contract , it is difficult , and sometimes impossible , to be aware of all issues . In this situation , having honesty and lack of bad faith at all stages of the contract is a fundamental issue , which is ensured by good faith . Adherence to obligations , the obligation to behave fairly , the absence of malice and deceit , the achievement of justice , and the existence of order in contracts are the basis of the principle of good faith. The acceptance of fair treatment at various stages of the contract in common law and international documents indicates attention to this principle . Failure to comply with this principle entails performance guarantees and the damage caused must be compensated.But in the stages of negotiation , conclusion , implementation , and interpretation of certain matters, we also need another principle that can be relied upon when acting . In order to have a state of mind that is confident and free from doubt, and to determine tasks, acquire knowledge, and eliminate pride, one can seek help from the principle of trust. Reliance on the statements of the other party and the existing phenomena is possible depending on the circumstances and skills of the parties. The ruling that believers should refrain from suspecting each other's behavior and speech, and that they are permitted to suspect each other in transactions, refraining from deceiving someone who has trusted another, refraining from deceiving someone who has trusted another, preventing the increase of conflict and confrontation between the parties, the importance of security and speed in transactions, and the compatibility of such a principle with the will and desire of the parties are among the foundations for accepting this principle in law. In transactions where it is difficult to mention all the characteristics of the item being sold, or when the principle of soundness is relied upon, or when one of the parties to the transaction sees himself safe from deception and fraud through trust in the other party, the principle of trust helps the parties to the transaction in resolving disputes and preventing fraud. The right to terminate or invalidate the transaction and compensate the injured party for damages is one of the guarantees for the enforcement of violations of this legal-moral principle. The principle of trust and its compatibility with good faith, examining its status and role, and the necessity of paying attention to an issue that is explicitly raised in Imami jurisprudence, have been examined in this research.
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