Comparative Study on the Foundations of Commitment to the Contract with an Emphasis on the Reliance Theory
Abstract The most important feature that differentiates legal obligations from moral promises is that they are enforceable at law, but the main problem here is finding its reasons. Number of theoreticians has tried to answer this important question and each of them has many followers. On one hand, t...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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University of Qom
2015-12-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_724_c136a95a73d335deaae9082f4b752099.pdf |
| Summary: | Abstract The most important feature that differentiates legal obligations from moral promises is that they are enforceable at law, but the main problem here is finding its reasons. Number of theoreticians has tried to answer this important question and each of them has many followers. On one hand, the advocates of “will theory” emphasize on “intention” element and on the other hand, the socialists insist on various criteria based on their pretension. While the economists focus on “efficiency,” the justice-seekers concern about “equity” as a fundamental standard. Meanwhile, the theoreticians who believe in reliance theory have turned away from the intention of promiser theory and focus on the reasonable pondering and legitimate expectations of the promisee instead of the promiser intention. In this article, some of the most important theories regarding contract law especially Reliance Theory which is remedial substitute for defective Intention Theory and also it’s legal consequences will be discussed profoundly and comparatively with Iranian and Islamic Law. Keywords: Intention Theory, Reliance Theory, Reasonable Expectations, Mutual Consent, Equity. |
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| ISSN: | 2476-4213 2476-4221 |