Commutative and Realistic Justice and Inner Intention in Revocable Transactions; A Comparative Study in Islamic Jurisprudence and Contemporary Law (English, French and Germanic Law)

The principles of real and commutative justice and the real and inner intention are the most fundamental bases of contemporary modern law of contract, and are of great importance in the jurisprudence and function as guiding principles in the complicated cases. This study seeks to apply these principles to one of the hard and controversial ceases in Iranian contract law - revocable transactions. Analyzing three important views about the outcome of this transaction, this study tries to compromise between these views in favor of a real and objective justice, assuming that the theory of validity will be applied to the natural state of revocable transactions in such a way that it is consistent with the requirements of both the ideal justice and formal view and that invalidity theory being considered as applicable in cases where there is diversion from the principle of commutative justice and shared inner intention, and the possibility of judicially finding out what the real intent is drawing on the evidence and the principles. It will be explained from jurisprudential point of view that the requirements of realistic justice in complicated and preferred cases will be based on realization school in law of contracts. This will be so in order to avoid using the original nature of such transaction and the principle of freedom of contract as a tool to impose unjust contracts on vulnerable party.