The Effect of Personality in the Contracts in Iran Law, its Comparative Study with English Law and with Emphasis on Judicial Prebedent

As we know personality is one of the important components of the contract in all systems of law. In this article the effect of personality has been considered comparatively in both Iran and Common Law System. Of course we consider it from subjective point of view not objective. In some kinds of contracts the personality plays an important role such as marriage and endowment but in some others it is not at the same level. The provisions of article 201 of Iran Civil Code states a mistake made as to the identity of one party will not affect the interests of the other party. In the transaction, except when the identity of this second party forms the principal reason of the transaction. Accordingly in common law the cause is so important. In the other words, it means that if the mistake happens in the personality of parties as well as the subject of the contract, then it could spoil the whole contract, because each of these components is a fundamental one that the contract is based on them and their absence can make it null.