Possibility of Signing Unilateral Contracts in Unauthorized Manner Based on Imam Khomeini's Viewpoints

There are no rules and regulations in Iranian civil law on the state of unauthorized unilateral contracts. Jurists and legal experts have not presented general theory on unauthorized unilateral contract versus unauthorized contract and as examples they have opinion enforcement of unilateral unauthorized agreement on such issues as divorce, rights of rescission (option), right of preemption and release. In connection with divorce, the jurists believe that it is impossible to take place in an authorized way. The process or lack of unauthorized process in release and right of preemption rest upon this general discussion that whether in unilateral contract unauthorized action is effective or not? Therefore, if unauthorized action in unilateral contract is not possible, release and right of preemption upon unauthorized action will not be correct even at the permission of the owner. Likewise in jurisdiction, highly distinguished jurists say unauthorized action is possible in only contracts and even some renowned jurists have resorted to consensus on impossibility of unauthorized action in unilateral contracts. The question is whether unauthorized action – that is possible in contracts – will be possible in unilateral contracts or not? Supposing that unauthorized action is possible in unilateral contracts, the order of unauthorized action in unilateral contract is its invalidity? In this paper we have tried to prove that unauthorized action, which is possible in the contracts, in principle will be also possible for the unilateral contracts, unless in certain unilateral contracts when unauthorized action will be impossible for some reasons.