جستجوی مقالات مرتبط با کلیدواژه « unilateral engagement » در نشریات گروه « فقه و حقوق »

To establish a creative volition in unilateral engagements, the determinant should, firstly, create his/her internal will in his/her mind. Although some jurists believe that as we do not need other's interference, the internal will is sufficient to establish a unilateral engagement, it seems that this kind of will ought to be expressed in order to be realized as a social and legal fact. This view is also because of the fact that the unilateral engagement effects other's rights and its undertakings should be insured. Hence expressing is a "term", which effects the internal will and so creates the unilateral engagement.
In process to establish the creative volition, we should use "the special ways to express volition" in order to make the internal will enter the external world. These ways and instruments are traditionally "word" and "act", and the new "electronic instruments". As it is doubtful to express volition with "gesture", "exchange", "inactivity" and "silence" in unilateral engagements, here we evaluate the possibility of using them. However, all these ways and instruments should explicitly or implicitly indicate the volition. In other words, the external will should accord the internal one. The explicit word (literal or written) indicates the volition equivalently while the implicit words and also acts, circumstantially and implicitly, indicate the volition.