جستجوی مقالات مرتبط با کلیدواژه « outward will » در نشریات گروه « فقه و حقوق »

Article 191 explicitly states that the Proclamation of will is the occurring provision of the contracts. It is as mentioned in the article has no thematic and no effect. Everything is able to show the inward will of the offeror and offeree is enough to access the aim. The necessity of the will Proclamation to create the unilateral contracts is the object which there is disagreement between law scholars. Some groups believe that it is not obligation to declare the will in the unilateral contracts except those which the law has called their necessities. It means the Proclamation is not the provision of practicing unilateral contracts. Their main reason that they have presented is the unilateral contracts are not mutual agreement and consequently there is no necessary of agreement and the legislator does not determine this principal. The other group believes that there is no difference between the unilateral contracts and bilateral ones and so does the decree of article 191 enhance to the unilateral contracts. According to their attitude, because the law is originated from the society and is enacted the connection between people in the society it only practices affairs which relates to the field of the community and connects the outwards to inwards. With respect to the latter reason and Imami jurisprudence approach to the matter (article167 of Iran’s constitution) and the bases of the decree of article191, it seems the latter reason is defensible and the Proclamation of the will in unilateral contracts as an occurring provision is necessary.