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Unilateral promise in the realm of Iranian jurisprudence and law and the principles of European contract law

Title	Unilateral promise in the realm of Iranian jurisprudence and law and the principles of European contract law
Author	Seyedeh Maryam Asadi Nejad, Javad Vahedi Zadeh, Alireza Salehi Far
Publication Date:	1403
Publication Place	- University of Mazandaran, 1403.
Subject	• unilateral promise, obligation, transfer, iqa’ (unilateral act), will, Law
Type	Periodical
Language	eng,fas
Digital	Yes
Manuscript	No
Physical Dimensions	electronic resource
Library:	Bursa Uludağ University Library
Library Asset ID	edsdoj.12f73dbeaa441b81d0c79221e5537f
Record ID	cieteomfrf
Library Location	LCC:Law
Date	1403
Sample Text	A unilateral promise in this article is a statement made by a person with the intention to be legally bound to do or refuse to do something or transfer property to another. Is such a promise binding without acceptance or not? There is still disagreement between jurists in European countries as well as Iranian jurists. Obviously, the concept of a unilateral promise communicated to the addressee is different from the contract and pre-contract negotiations. Because the promisor performs this act with the intention of fulfilling a legal obligation and creating trust and confidence, it will have legal effect. This legal act can only be justified in the form of an Iqa’ (Unilateral act). Iqa’ as a general theory and in the light of the rule of will, and according to narrations and verses, has an unlimited scope and includes a unilateral promise. Therefore, the will itself is the criterion as a source of commitment, whether it comes from a promise or not. So that the source and requirement of duty arise from the promise in the voluntary act, and the law also protects. The law protects any legal act by specifying it and even by not obstructing or by remaining silent if it is not contrary to public order and good morals. It seems that Article 10 of the Iran Civil Code, which is enacted in the case of contracts, is not specific but rather overriding and can include any legal action, including a unilateral promise as an Iqa’.
DOI	10.22080/lps.2022.24573.1435
ISSN	2423-7566
İlişki	https://lps.journals.umz.ac.ir/article_3986_d41d8cd98f00b204e9800998ecf8427e.pdf; https://doaj.org/toc/2423-7566

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Bursa Uludağ University Library

Unilateral promise in the realm of Iranian jurisprudence and law and the principles of European contract law

Author Seyedeh Maryam Asadi Nejad, Javad Vahedi Zadeh, Alireza Salehi Far

Publication Date 1403

Publication Place - University of Mazandaran, 1403.

Subject • unilateral promise, obligation, transfer, iqa’ (unilateral act), will, Law

Type Periodical

Language eng,fas

Digital Yes

Manuscript No

Physical Dimensions electronic resource

Library Bursa Uludağ University Library

Library Asset ID edsdoj.12f73dbeaa441b81d0c79221e5537f

Record ID cieteomfrf

Library Location LCC:Law

Date 1403

Sample Text A unilateral promise in this article is a statement made by a person with the intention to be legally bound to do or refuse to do something or transfer property to another. Is such a promise binding without acceptance or not? There is still disagreement between jurists in European countries as well as Iranian jurists. Obviously, the concept of a unilateral promise communicated to the addressee is different from the contract and pre-contract negotiations. Because the promisor performs this act with the intention of fulfilling a legal obligation and creating trust and confidence, it will have legal effect. This legal act can only be justified in the form of an Iqa’ (Unilateral act). Iqa’ as a general theory and in the light of the rule of will, and according to narrations and verses, has an unlimited scope and includes a unilateral promise. Therefore, the will itself is the criterion as a source of commitment, whether it comes from a promise or not. So that the source and requirement of duty arise from the promise in the voluntary act, and the law also protects. The law protects any legal act by specifying it and even by not obstructing or by remaining silent if it is not contrary to public order and good morals. It seems that Article 10 of the Iran Civil Code, which is enacted in the case of contracts, is not specific but rather overriding and can include any legal action, including a unilateral promise as an Iqa’.

DOI 10.22080/lps.2022.24573.1435

ISSN 2423-7566

İlişki https://lps.journals.umz.ac.ir/article_3986_d41d8cd98f00b204e9800998ecf8427e.pdf; https://doaj.org/toc/2423-7566