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

Name: 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

İsim	Unilateral promise in the realm of Iranian jurisprudence and law and the principles of European contract law
Yazar	Seyedeh Maryam Asadi Nejad, Javad Vahedi Zadeh, Alireza Salehi Far
Basım Tarihi:	1403
Basım Yeri	- University of Mazandaran, 1403.
Konu	• unilateral promise, obligation, transfer, iqa’ (unilateral act), will, Law
Tür	Süreli Yayın
Dil	eng,fas
Dijital	Evet
Yazma	Hayır
Fiziksel Boyutlar	electronic resource
Kütüphane:	Bursa Uludağ Üniversitesi Kütüphanesi
Demirbaş Numarası	edsdoj.12f73dbeaa441b81d0c79221e5537f
Kayıt Numarası	cieteomfrf
Lokasyon	LCC:Law
Tarih	1403
Örnek Metin	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

Kaynağa git Bursa Uludağ Üniversitesi Kütüphanesi

Aramaya Dön

Bursa Uludağ Üniversitesi Kütüphanesi

Kaynağa git

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

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

Basım Tarihi 1403

Basım Yeri - University of Mazandaran, 1403.

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

Tür Süreli Yayın

Dil eng,fas

Dijital Evet

Yazma Hayır

Fiziksel Boyutlar electronic resource

Kütüphane Bursa Uludağ Üniversitesi Kütüphanesi

Demirbaş Numarası edsdoj.12f73dbeaa441b81d0c79221e5537f

Kayıt Numarası cieteomfrf

Lokasyon LCC:Law

Tarih 1403

Örnek Metin 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