THE ROLE AND POSITION OF THE AUTHORITY OF WILL PRINCIPLE ON CONTRACTS FROM THE PESPCTIVE OF GENERAL ECONOMIC RIGHTS

Abstract

The principle of the authoity of will is considered one of the most important and at the same time one of the broadest and deepest legal issues, so that to have a legal effect on any act, in most cases, we need the presence of the will at the time of performing that act, hence, more rules and regulations of law can be applied when the act is done voluntarily. The principle of authoity of will in the field of Iranian contract law, despite many ups and downs, almost as in the past, plays a fundamental role in the principle of concluding a contract, choosing a party to the transaction, and determining the terms and conditions of the contract. For a long time, the validity, scope and effects of the principle of authoity of will in contracts and obligations have been and still are conidred by jurists. In this research, the role and position of the principle of authoity of the will in the law of contracts was investigated with the library method and in an analytical-descriptive way, from the perspective of general economic rights, and as a result, this principle has been accepted conditionally, not absolutely, in the laws of Iran.