Examining the principle of the rule of will in property transfer contracts Comparative comparison of Iranian and British law

Document Type : Original Article

Authors

1 Department of Private Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran

2 Professor, Department of Private Law, Meymeh Branch, Islamic Azad University, Isfahan, Iran

10.30510/psi.2022.301831.2205

Abstract

The development of trade and economic relations between our country and the establishment of trade agencies, branches and registration of foreign subsidiaries, as well as the widespread migration of citizens of different countries to other countries has caused these people to buy or sell to meet their economic and social needs. Movable and immovable property. The legal effects of buying and selling property, including the transfer of ownership, the effects of ownership, the manner of acquisition of foreign nationals, and the handling of disputes arising from transfers are significant issues in various legal systems. In the Iranian legal system, following the rules of Islamic jurisprudence, contracts and transactions, including the sale of property, are generally subject to the relevant laws and jurisprudential rules. At the same time, the principle of the rule of will of the parties is recognized in limited cases. In English law, in addition to the laws in question, the principle of sovereignty of the will of the parties in determining the governing law and the competent authority is more extensive. In this article, we have tried to examine the similarities and differences between the two systems.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 2809-2824

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