A comparative approach to the principle of sovereignty of will and its role in the structure of the contract of sale of movable property in the legal systems of Iran and England

Document Type : Original Article

Authors

1 PhD student in the field of private law, Arak Branch, Islamic Azad University, Arak, Iran

2 Assistant professor and faculty member of the law department, Arak branch, Islamic Azad University, Arak, Iran (corresponding author)

3 Assistant professor and member of the Faculty of Law, Arak Branch, Islamic Azad University, Arak, Iran

Abstract

Undoubtedly, the purpose of concluding any contract is to implement its provisions and commit to the effects resulting from that contract. In order for the contract not to encounter any obstacles in its implementation, its contents should be clear and the parties should not have any disputes about the terms of validity and terms of the contract and how to implement it, and after the agreement of the parties and the conclusion of the contract, the most important issue In the opinion of the parties to the contract, timely performance of the contractual obligations is necessary, because the violation of the contract is not in the interest of the parties. In the discussion of the implementation of the movable sale contract, it is important to examine its conditions, such as: demand and acceptance, the competence of the parties to the transaction and the conditions of sale, the principle of sovereignty of will, etc. This article aims to have a comparative view between the two systems of Iran and England in the structure of the sale contract with a descriptive-analytical approach, while briefly examining the characteristics and conditions of sale to explain and the principles of the rule of will. The results of the research showed that the interpretation of the contract paves the way for the correct implementation of the correct contract by clarifying the terms and expressions and the intention of the parties according to the logic (principle of sovereignty of the will).

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2477-2490

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