The Examination of the Principle of Freedom of One Sided Contracts (Unilateral or Iq aa) from the View of Imamiyyah Jurisprudence and Law of Iran

This paper has studied the principle of freedom in one sided (unilateral) contracts in law of Iran and imamiyyah Jurisprudence. The present research has confronted with this question if the principle of freedom in one sided (unilateral) contracts is accepted by the law of Iran and Islamic jurisprudence or not and to where the realm of free Will effectiveness is. To answer this question, it should be stated that one sided free-will is restricted to identified (specific) ones sided (unilateral) contracts (Iq’aa) in the realm of non-financial rights. But in the scope of financial rights and in the area of objective rights, the principle of freedom in one sided (unilateral) contracts should be carried out in the ownership of actions (neither forbidden nor recommended-mubah), but the ownership of third party property (the ownership of property is for another person) is specified to pre-emption (shufa’a). One sided conveyance (transferring property from one owner to another) is specified to Will (Wasiyyat) and it is not a common rule. In contrast, abandonment (the surrender, relinquishment, disclaimer, or cession of property or of rights) is from of real rights according to the rule. it is impossible the establishment of one sided obligation for himself and for the benefit of the other in personal rights and creating obligation for the loss of the other is specific to guardianship established by will but legal release of obligation Is accorded with the rule. Finally, it is suggested that the civil legislature specifies an independent chapter to the basic provisions of the validity of one sided (unilateral) contracts and common rules and determines rules and definite (identified) effects of one sided (unilateral) contracts.