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

Author:Aboul Hassan Mojtahed Soleimani - Mohsen Emami Ghashlagh
Position:Faculty of Law and Political Science of Kharazmi Univesity of Iran - Faculty of Law and Political Science of Kharazmi Univesity of Iran
Pages:402-413
SUMMARY

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/h... (see full summary)

 
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Conside rations regarding the creative intention in unilateral legal acts by
deciding the se paration of intention and consent
Assistant professor Aboul Hassan Mojtahed SOLEIMANI
1
Ph.D. student Mohs en Emami GHASHLAGH
2
Abstrac t
In legal systems, th e intenti on of people in certa inty of legal performance p lays the
main role and the cont racts & transacti on attri butes to persons' in tention as t he general &
publ ic pri nciple. The pe ople by th eir in tention establ ish obli gation & und ertaking s for
themselve s and othe rs in the frame of cont racts & unilatera l oblig ations, i n the re alm of
law to ob tain the commitment force for his/h er intentio n t hat causes establish ing the
commitments and the responsi bilities of the peoples. The vo lition is consisted of int ention &
consen t elements for est ablishing the c ommitment , in other words each of these elements,
inten tion and consent are efficient i n the situ ation of lega l act throug h cancelin g or lack of
legal act influen ce. The qua lity of t his effecting and pe rformance guara nty of th e lack of
each main cond itions in certa inty of the voliti on in the field of contrac ts have been
consid ered a nd th e rule in the field of cont racts h as been clari fied in civil c ode but in
unil ateral ob ligatio ns, in respe ct of uni lateral o bligati ons, th ere are some ambigu ities in
the role and clarifying basic co ndition s whic h these ambigu ities are the resul ts of leav ing
unsai d the many reg ulation s about uni lateral oblig ations in civ il code by the jurisprud ents
and the leg islators. In this articl e creati ve inten tion in unilatera l obli gations to be surveyed
and it would be a step for clari fying t he opposed a nd agreed view s.
Keywords: creati ve intent ion, legal act , unila teral oblig ations, rulin g o f free
volit ion, unilat eral intent ion, unilat eral commitment
JEL Cla ssification: K10, K40
1. Introduction
The importance of unilateral legal act and it's role in society life is more
than one thing that seems, at the first prospect, legal act is on the strength of one or
two person's free volition which is divided into contract & unilateral obligations
3
in
legal act the volition is for efficiency and for creation the nature in law universe
that inquires different steps both perception, measurement, consent and
accomplishing the decision.
The last step which in the legal nature to be created is called creative
intention. Creative intention among the basic conditions as like contract correctness
1
Aboul Hassan Mojtahed Soleimani - Faculty of Law and Political Science of Kharazmi Univesity
of Iran, m_emami63@yahoo.com
2
M ohsen Emami Ghashlagh - F aculty of Law and Political Science of Kharazmi Univesity of Iran,
m_emami63@yahoo.com
3
Katouz ian, Nasser, General regulations of the contracts, 2012, Behnshar Publication, vol.1, p. 15.

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