چکیده:
The principle of freedom of contract as part of the autonomy principle and an important issue and is the basis of contract law and Article 10 of the Civil Code is one of the principle of the rule subsidiary in its concept implies that the contract of In terms of the effects of legal and detect the type and nature of the agreement, based on the intention of the parties and according to prevailing opinion, the purpose of the intended meaning, intention inwardly However, in the above-mentioned concepts not only consensus but also in some of the legal distinction between principle has not been discussed in the present article tries to study the principle and application of each of them recognized the distinction is a Since the interpretati As mentioned contracts both courts cited in the application, so the effect of the present analysis (jurisprudence) is undeniable.
خلاصه ماشینی:
The agreement on formation of contract Mohamadreza Marandi1*, Zhila Poorasghar1, Sorayya Jahedzadeh1, Sasan Varzand1 and Siamak Moosapoor1 1Department of Law, Germi Branch, Islamic Azad University, Germi, Iran (Corresponding Author: Mohamadreza Marandi ABSTRACT The principle of freedom of contract as part of the autonomy principle and an important issue and is the basis of contract law and Article 10 of the Civil Code is one of the principle of the rule subsidiary in its concept implies that the contract of In terms of the effects of legal and detect the type and nature of the agreement, based on the intention of the parties and according to prevailing opinion, the purpose of the intended meaning, intention inwardly However, in the above-mentioned concepts not only consensus but also in some of the legal distinction between principle has not been discussed in the present article tries to study the principle and application of each of them recognized the distinction is a Since the interpretati As mentioned contracts both courts cited in the application, so the effect of the present analysis (jurisprudence) is undeniable.
CONCLUSIONS: Of theories as it can be inferred that the concept, scope and effects of the principle of freedom of contract is not the same Llqsvd affiliated with Alqvd rule and contrary to what has been stated, Article 191 of the Civil Code expresses the principle of autonomy is not a matter mentioned in the contract stipulates contracts can be fulfilled with the intention willing to bet the cost of something that implies intent quot;, on the other hand most of the interpretation of Article 191 is to realize and build contract, intent essay (essay will) In other words, the tool will it is the means by which the outside world is a sign of offer and acceptance, such as written or verbal or references that indicate the intention of the parties and is satisfied (Section 193 BC.