Comparative analysis of the concept of direction and cause in Iranian and French law and its role in unilateral obligations

Document Type : Original Article

Authors

1 PhD Student, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran

2 Assistant Professor of Law, Hazrat Masoumeh University, Qom, Iran

3 Assistant Professor, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran

10.30510/psi.2022.302711.2243

Abstract

The first question that comes to mind about a contract is the reason for concluding it. Numerous reasons can be counted, such as renting housing for housing or providing food to meet your basic needs. We may also pursue the intention of buying a product as a gift to someone else or renting a place because we want to live in the presence of a certain person. We identify the first category as primary and main aspects and the second category are in the form of personal and indirect aspects. The direction in the civil law of Iran and France is mentioned as one of the conditions in the formation of the legal nature of the contract, but its meaning is ambiguous and its effect in comparison with other conditions is questionable. In recent French law it has been omitted as a condition. In this article, with a descriptive and analytical method, we have tried to examine the impact of this change on Iranian law, especially since civil law is inspired by French law on the one hand and is faithful to the principles and foundations of Imami jurisprudence on the other.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 4304-4326

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