The role of will and intention of legal commitment in Iranian law and the principles of European contract law

The Rules of PECL are laid down by the European Union to uniform the rules of the member states for convergence and to create economic between the countries. The study and implementation of these regulations can be a model. In this article, one of the main pillars of contract formation based on the PECL and Iranian is examined.Among the conditions for the validity of the contract, the will and intention to sign both in Iranian law and in the PECL as the intention of legal obligation has been the most important condition for concluding the contract. The purpose of special ceremonies was only to achieve the intention of the parties. So that even putting considration or writing a contract has been to achieve the real intention of the parties. Today, most of the regulations for legal acts reduce the formalities and do not even consider it necessary to conclude a legal act and a contract in the form of requirement and acceptance. The stipulation of the Intention to be legally bound in the PECL indicates the importance of this issue so that it is not invalidated. In some cases the intention of the parties may differ from what has been stated.The question arises as to whether the PECL, in comparison with Iranian law, are based on esoteric will or apparent will? In order to achieve the intent of creation, an objective criterion should be considered or subjective criterion? The PECL in this regard are not significantly different from Iranian law.