نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
General principles of contracts, as one of the most fundamental branches of civil law, play a decisive role in explaining the foundations of the formation, validity, enforceability, and termination of legal acts. A considerable number of legal scholars have regarded the systematic study of these principles not only as an effective means of enhancing legal analysis and interpretation, but also as the principal instrument for resolving judicial conflicts and ambiguities. Within this framework, issues such as the classification of contracts, the principle of autonomy of will, the essential conditions for the validity of transactions, the necessity of intention and consent, the legal capacity of parties, the certainty and legality of the subject matter and purpose of contracts, the consensual nature of contracts, as well as the legal consequences arising from the voluntary dissolution of contracts, have attracted significant scholarly attention.Nevertheless, one of the notable gaps in Iranian legal literature is the absence of a coherent analysis concerning the applicability of the general principles of contracts to the institution of rescission by mutual agreement (Iqālah) and unilateral legal acts. The fundamental ambiguity in this regard is whether the rules governing contracts—particularly those related to the essential conditions for the validity of transactions—can also be applied to Iqālah and unilateral acts, and on what legal and judicial grounds courts base their decisions in this area. Accordingly, the present study seeks, through reliance on the theoretical foundations of civil law and the analysis of judicial practice, to examine the scope and manner of extending the general principles of contracts to Iqālah and unilateral legal acts, while also proposing appropriate legal solutions to address the existing ambiguities.The findings of this research demonstrate that the principle of consensuality, as one of the fundamental principles of contract law, possesses a broad and comprehensive nature, and that the general rule in legal acts is the absence of formal requirements, except in cases where the legislator has expressly prescribed formalistic or real characteristics for certain contracts. On this basis, the extension of a substantial part of the general principles of contracts to Iqālah and certain unilateral legal acts, considering their voluntary and legal nature, appears both legally defensible and justifiable.
کلیدواژهها English