List of Articles حاکمیت اراده

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  1 - The basis of philosophy of contract realization
  jalil ghanavati omid gholamalitabar firozjaiee
  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, af More

  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. Manuscript profile
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  2 - Obstacles to the principle of the rule of will and the place of good morals in banking contracts
  Ali  Dizaji Behshid  Arfania ali reza mazloom rahni
  The principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted i More

  The principle of the rule of will has been accepted as a basic principle in the civil law and has cast a shadow over the laws and rules of transactions. (Including contract, agreement, condition). Obstacles that are also enumerated in the legal doctrine are not rooted in the lack of will and sovereignty of the will, but are rooted in materials that are themselves relative and variable, so these obstacles can not be considered as obstacles to the rule of will, but these obstacles in the implementation and effectiveness stage. Are effective in position. Of course, this does not mean giving too much credit and expansion, because the need for supervision in the legal world is undeniable, but supervision does not mean restraint. As a result, the conditions stated in the banking contracts should not contradict the bank rules and regulations. In any case, observance of the bank rules is necessary and necessary, and if a special condition or rule is included in the contract contrary to the banking rules, the customer can The court will request its annulment. The aim of this study was to investigate the barriers to the flow of the principle of the rule of will in banking contracts in a descriptive-analytical method. Manuscript profile