The contracts depends on the intentions

Subject Areas : فقه و مبانی حقوق

احمد مرادخانی ¹ , amir shams ²

1 - جانشین سردبیر
2 - دانشگاه آزاد اسلامی واحد قم

Received: 2016-02-27 Accepted : 2016-03-15 Published : 2016-05-02

Keywords: unilateral legal act, Contract, Keywords: intention, subordination,

Abstract :

AbstractThe nature of a contract is an intentional matter and without that, it is not ascertainable; in other words, intention is a part of the nature of contract and the substratum of the contract depends on the intention. The rule (the contracts depends on the intentions) is intended that when the contracts whether they are pecuniary or non-pecuniary, exchangeable or non- exchangeable, in fact, are the links and nexus of obligations and considerations which have been set between the offeror and acceptor and this matter is an intentional and material affair, so, as long as the parties have not intended the title of the contract, their considered contract will not be substantiated and the realization of the parties' considerations, positively or negatively, depend upon the parties' will and intention.Similarly to realize a bilateral legal act, mere voluntary declaration of one party is not sufficient but both parties' will must cooperate and coordinate in creating the contract. This coordination is available when what is thought for by one party, is intended the same by the other, otherwise, no contract is created. The voluntary declaration of two parties should be in accordance with external instance and applied with the contract and the nature of the instance and agreement of their intention.Keywords: intention, contract, unilateral legal act, subordination