The role of unilateral will in creating an obligation from the perspective of comparative jurisprudence and Iranian law

Javanmard, Ebrahim; Razavi, Seyed Mohammad; Yamrali, Saleh

doi:10.22034/mfu.2023.62879

The role of unilateral will in creating an obligation from the perspective of comparative jurisprudence and Iranian law

Document Type : Original Article

Authors

¹ Assistant Professor, Department of Theology, Faculty of Humanities and Sport Sciences, Gonbad Kavous University, Gonbad Kavous, Iran.

² Assistant Professor, Department of Law, Faculty of Literature and Humanities, University of Birjand, Birjand, Iran.

10.22034/mfu.2023.62879

Abstract

The acceptance of unilateral will as one of the sources of commitments in the comparative jurisprudence and the Iranian law is dubitable. According to the renowned majority of the Imami jurists and the Sunni jurisprudential schools, as well as some lawyers, īqā' (unilateral legal act), like a contract, cannot generally create a commitment, but is a secondary and exceptional source for commitments. However, as an unpopular opinion, īqā' is not limited to the cases foreseen in Shari'a and law, but as a general rule, it can create a commitment against its owner and for the benefit of another. Accordingly, the authors try to examine the jurisprudential and legal foundations of this issue and analyze the opinions regarding it. The data has been collected by library method and then analyzed descriptively and analytically. The results show that, in order for social trust to be established among the members of the society and the legal security of others to remain immune from attack, the expresser of the will must adhere to his commitment and not shy away from this legal commitment.

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