Comparative comparison of the role of will in concluding contracts in Iranian and Egyptian law

Document Type : Original Article

Authors

10.30510/psi.2022.341457.3438

Abstract

The present study was conducted on the subject of "Comparative comparison of the role of will in the formation of contracts in Iranian and Egyptian law" through library studies and classification of related documents through filing and then adapted to descriptive-analytical analytical method (role of will in contracts). The results show that both countries, considering the reliance on jurisprudence as the main source of civil legislation, believe in and insist on recognizing the role of the will of individuals in the validity of contracts. A contract based on reluctance and coercion is considered null and void. But in terms of the type of will, from the esoteric and outward point of view, there are differences in form and substance. Among other things, by defining the intermediate variable of fear or compulsion in the degree of reluctance, the subjects find certain legal nuances. As an example, in discussing the conditions of reluctance, the issue of fear was mentioned in relation to the conditions of reluctance in Iranian and Egyptian law. The same is true for sharing these views. According to jurisprudence, it is valid for the rights of both countries. These three factors create restrictions for the will of individuals in the field of contracts (both outward and inward will), because the parties to the contract have no right to step out of this circle To conclude a contract, but in order to maintain public order, they must respect these rules. Is justified.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 4062-4076

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