Abstract:
In this article, referring to the role of intention and will in any legal act and especially the contract, the author examines the contract that is entered into reluctantly and without the consent of the person, and presents his discussions in several areas: 1) Definition of contract and opinions jurists; 2) whether the contract is verbal or non-verbal, which raises the opinions of those in favor and those who oppose it. Those who believe that the contract is non-verbal, consider it to be a matter of the heart and believe that the contract is based on the intention and consent of the parties; 3) Examining the views of jurists on whether the intention is a condition of the contracting parties or a pillar of the contract. In the end, the author provides evidence for invalidating the Makra marriage.
Machine summary:
In addition, if the principle in contracts is based on intention and will, which is also the case, why should the means of declaring the will and the discoverer of the internal matter be so important that it is involved in the realization or non-realization of the credit nature? The rational foundation of every society is that they use different methods to carry out their transactions, and the holy law has not expressed any prohibitions regarding these methods, so why should you get yourself into such a predicament? In any case, what has caused criticism of non-Shia scholars and their boldness on Jafari's religion, is the stagnation on formal issues. »(1) The late Allameh Khoei also considers the intention of the contracting parties to be the first principle in the realization of the contract and he says in this regard: "The use of a word in its meaning is nothing but the expression of sensual intentions by an external signifier, whether it is a sentence or not. Ayatollah Bojunordi says in this regard: "Basically, the contract is realized by the inner intention of the contracting parties in the capacity of evidence, that is, the fact that the parties to the transaction made their determination before themselves that the transaction will occur and intended to create it, the transaction is considered to have occurred.Of course, as long as there is no exaggeration, it has not been accepted rationally and there is no effect on it. Therefore, from the point of view of these jurists, what is certain is that there is an intention to fulfill the content of the contract in the Makra contract, although that intention is not due to the satisfaction of the self, and the promise of the necessity of synchronizing the consent of the contracting parties with the time of the contract is also the origin of the same concept of employment between satisfaction and satisfaction. It is an intention that is a condition for the fulfillment of a contract.