Document Type : Original Article
Authors
1
PhD student, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Assistant Professor, Imamiyah jurisprudence Department, Faculty of Islamic Jurisprudence and Law, International University of Islamic Religions, Tehran, Iran.
3
Assistant Professor, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
10.22034/mfu.2023.62893
Abstract
Formalism and the consent principle have been open to discussion in law for a long time. When speaking about the principle of consensualism encountering with formalism in law, it is usually concluded that the principle of consensualism is ranked as first and formalism as the second. However, today after going through extremes in implementing these principles in western law, it seems that the confrontation of originality with formalism has been significantly reduced due to new forms and goals. Therefore, it can be said that these two are implemented in law proceed without breaching each other and in line with elevating the science of law in the field of legal practices. Today, the forms that bind legal practice have appeared unprecedentedly, all of which have reasonable and expedient goals; for instance, western law protects consumers against professional sellers in request to establish a legal relation between a skilled worker and an amateur individual in a written form containing the necessary information. Based on the descriptive-analytical method, this research conclud
es that the synchronicity of the consent principle and modern formalism, in contrast to Western law, in contemporary jurisprudence and Iranian law, has not been well received by scholars in this field. Additionally, the consensualism of legal acts against the new formalism is considered as a principle.
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