The extent of the sovereignty of the will of the parties in determining the contractual terms in Iranian, British and Imami jurisprudence
The condition, like the contract, is a manifestation of the rule of will and desire of the parties, which has a direct, mediated and significant role in concluding the contract, and according to many jurists and jurists, the condition is the stimulus of farewell and creative motivation of any contract. It will not end with contracts, although in the opinion of Iranian and British jurists and even Imami jurists, the condition is a subordinate principle. When the condition is raised, it is a contract, and without a contract, the condition will be meaningless. There are restrictions in the legal system, but these restrictions have no effect on the validity of the conditions, and this will is taken into account by considering other principles such as the principle of good faith, the principle of fairness, the principle of negation of hardship and the rule of no harm with the involvement of each country's legislature. They were supported, but they imposed restrictions on its implementation in terms of public order, so in this article we will see that due to the interference of governments, individuals are not so free in determining the conditions, and even the jurists stated as a rule. No, unless they are allocated, therefore They based restrictions on the principle that in many cases those restrictions not only do not conflict with the sovereignty of states, but governments have acted to create that restriction on the basis of collective interests. Consideration of these restrictions is determined in each country.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.