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Considerations regarding the creative intention in unilateral legal acts by deciding the separation of intention and consent

Aboul Hassan Mojtahed Soleimani () and Mohsen Emami Ghashlagh ()
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Aboul Hassan Mojtahed Soleimani: Faculty of Law and Political Science of Kharazmi Univesity of Iran
Mohsen Emami Ghashlagh: Faculty of Law and Political Science of Kharazmi Univesity of Iran

Juridical Tribune (Tribuna Juridica), 2016, vol. 6, issue 2, 402-413

Abstract: In legal systems, the intention of people in certainty of legal performance plays the main role and the contracts & transaction attributes to persons' intention as the general & public principle. The people by their intention establish obligation & undertakings for themselves and others in the frame of contracts & unilateral obligations, in the realm of law to obtain the commitment force for his/her intention that causes establishing the commitments and the responsibilities of the peoples. The volition is consisted of intention & consent elements for establishing the commitment, in other words each of these elements, intention and consent are efficient in the situation of legal act through canceling or lack of legal act influence. The quality of this effecting and performance g uaranty of the lack of each main conditions in certainty of the volition in the field of contracts have been considered and the rule in the field of contracts has been clarified in civil code but in unilateral obligations, in respect of unilateral obligations, there are some ambiguities in the role and clarifying basic conditions which these ambiguities are the results of leaving unsaid the many regulations about unilateral obligations in civil code by the jurisprudents and the legislators. In this article creative intention in unilateral obligations to be surveyed and it would be a step for clarifying the opposed and agreed views.

Keywords: creative intention; legal act; unilateral obligations; ruling of free volition; unilateral intention; unilateral commitment. (search for similar items in EconPapers)
JEL-codes: K10 K40 (search for similar items in EconPapers)
Date: 2016
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Handle: RePEc:asr:journl:v:6:y:2016:i:2:p:402-413