The Impact of Foundations of Contract on Essential Conditions for Validity of a Contract

Abstract:
The foundation of the contract have a considerable effect on the interpretation of the conditions of the validity of contract, their position in the contract and their impression in the iranian law .This research surveys the impacts of the contract foundations on essential conditions for the validity of contracts. Is the essential conditions for the validity of contracts a prepared pattern which is determined by legislator or divine sources and they must exist in all contracts, because in the view of legislator or divine sources, they are necessary. Or in the absence of these conditions, will of parties is broken and consideration is incomplete. Or essential conditions for validity of the contract are necessary for order in society and strong trades. We are going to answer to these research questions. The essential conditions for the validity of contracts may be based on individualism, or social necessity, or legalism, and or only divine will.
Language:
Persian
Published:
Islamic Law Research Journal, Volume:17 Issue: 43, 2016
Pages:
129 to 156
https://magiran.com/p1602904