A Reflection on the Proving Role of the Knowledge and Information of the Composition's Addressee in the Law of Islam and the West

In foreign legal systems and most of the international legal instruments such as the CISG and PECL, the legal will including rejecting the offer, accepting the offer or cancellation of the contract must be declared to the addressee and the mere composition and its declaration has no legal force before its reception by the addressee. But, in the law of Iran and under the influence of the surface of the Islamic law foundations, according to the predominant theory there is no need to inform the addressee about the composed will. For example, the theory of sending the acceptance is the criterion for the realization of the contract in the corresponding contracts, and the mere declaration of the intention to cancellation or rejection is considered to be enough in rejection or cancellation of the contract. This approach has brought with itself problems such as abuse of right, deliberate secrecy, expanding the scope of civil liability, increased risk of entering into large transactions, ignorance of conflicting transactions, fraud and the like. However, in order to make compatible the laws with the needs of the society and due to the necessity and expediency, the no-need-to-inform the addressee rule can be developed. Through using Article 40 of the Constitution, Articles 38 of the Code of Civil Procedure, and Articles 833 and 680 of the Civil Code and some of the views of Islamic jurists that have not yet been employed, a new rule can be made and move the legal system of Islam and the law of Iran in line with the globalization of law toward their progress and development.