The effect of personality on the Accuracy and validity of contracts with emphasis on judicial procedure

The issue of personality is one of the fundamental and vital elements in any contract in all legal systems. This dissertation discusses the effect of personality in the Iranian legal system in light of legal doctrines and opinions. In some contracts, personality plays an important role, but in all contracts, this effect is not the same. For example, in this area, we can refer to Article 102 of the Civil Law of Iran according to which ambiguity concerning the party to the contract does not affect the validity of it, except in cases where the personality of the party is the main reason for concluding the contract. In addition, according to the Roman-Germanic countries law, the personality is of significance. In other words, when a confusion occurs concerning the personalities of the parties, it is considered as a mistake in the essence of the contract which can invalidate all such contracts in general. Because in these contracts, in general, personality is one of the main elements that is considered as a contract and it is the absence of intended personality which leads the contract to be invalidated. In this dissertation, the author explains this issue in an analytical way in the system.