Paper Information

Journal:   MAQALAT WA BARRASIHA   2002 , Volume 35 , Number 71; Page(s) 149 To 165.
 
Paper: 

CONSENT AND WILL AND THEIR EFFECT ON THE FULFILLMENT OF A CONTRACT

 
 
Author(s):  ALIABADI A.A.F.*
 
* 
 
Abstract: 
Despite the conclusion we come to when studying the 1st note ofarticle 190 of the Civil Law, consent and will are two seperate andindependent entities, and the presence and absence of each has adifferent effect on the fulfillment of a contract. Will is an interest in anew situation and the condition of impression and consent which ismaking a new situation is the condition of its correctness.Consent can be added to the contract after its fulfillment and makesits impression possible. But consent is necessary for the fulfillment of acontract, and the absence of it prevents the fulfillment of the contract.The absence of consent sometimes occurs due to a lack of attention orreluctance. Cases of absence of will consist of all conditions under whichthe mental existence of the new situation has not been established, e.g.sleeping, unconsciousness, or intoxication. The lack of conformity inconsent between the two sides is considered a lack of consent
 
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