Legal jurisprudential review of the rule of will in the context of iranian law and the international sales convention

Résumé

The principle of the rule of will is considered as one of the important and fundamental issues of the rights of contracts. Article 10 of the Civil Code as well as the law of Alqoub, the subordinate unit, can be counted from the results of the principle, and it is believed that these two results in their sense indicate that the contract In terms of the order of the works and legal provisions, as well as the determination of the nature and nature of the agreement based on the will of the parties to the contract. Now, given that the majority of jurists and jurists are the source of Article 10 of the Civil Code and also the rule of Al-Aqoud, the subordinate member of the Law , is considered to be the rule of will, but there are no theoretical conclusions regarding the meanings of the rule of will between them . Therefore, in this research, the nature and applicability of the will of will, as well as the analysis of the limits of the will of will will be identified.
Therefore, the purpose of this research is to answer and to reach the following questions: Is the difference between the extent and the status of the rule of will in Iranian law, the Imam's jurisprudence with the 1980 International Convention on the International Sale of Goods, adopted in Vienna? In the assumption of a conflict of apparent will with an esoteric will, priority is to which will?

That is by studying On the subject concluded that: Between the limit and place of sovereignty of will in Iranian law, Imamieh jurisprudence with the International Convention on the International Sale of Goods, adopted in 1980 Vienna, is observable in terms of the basis of difference.
The best way to accept the nature of the rule of will And Total both theory (Apparent and esoteric will ) and lack of precedence and preference Give one another And the bugs and shortcomings that are created will also be radiated .