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

Document Type : Original Article

Authors

1 PhD student in private law, Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran

2 Assistant Professor of Jurisprudence and Islamic Law, Faculty of Humanities, Ardabil Branch, Islamic Azad University, Ardabil, Iran

3 Assistant Professor of Private Law, Faculty of Law and Political Sciences, Kharazmi University, Tehran, Iran

Abstract

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’.

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History

  • Receive Date: 04 April 2023
  • Revise Date: 15 May 2023
  • Accept Date: 20 August 2023

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