Abstract
<p>According to the principle of will power or will dominance and the principle of freedom to contract which have been manifested in the article number ten of the civil code the will power of individuals dominates the regulations of closing a contract and its after effects and the freedom of will power here has gained the acceptance as a principle. By closing a contract by two free wills that contract becomes binding and according to the binding principle or provision in contracts the sides of a contract will be committed to carry out the terms and content which is inserted in a contract unless it becomes terminated with by the volition of the sides of the contract themselves or due to a legal cause. Since according to the principle of freedom to contract its sides can shun from closing any contract which is an obvious violation of law, due to the same reason they can also take into consideration any condition or term which isn’t an obvious violation of law and according to the principle of binding ness of contracts the sides of them and their vicars are bound to execute the conditions which are stated in it. One of the conditions of contracts which can be considered is the condition of stipulation.</p>In the present study in addition to scratch the surface on the subject of stipulation in contracts it is expected that the theoretical aspect of the essence of stipulation gets evident, the view point of Islamic jurisprudence and the legal proceedings become stated and the issue that stipulation is claimable under what conditions and in what manner. By carry out a comparative study we get aware of the views in several legal systems toward stipulation and also its position in the private international law and the latest changes in the domain of stipulation specifically ones which are presented at the international level.
Highlights
Since according to the princip le of freedo m to contract its sides can shun from closing any contract which is an obvious violation of law, due to the same reason they can take into consideration any condition or term which isn’t an obvious violation of law and according to the principle of binding ness of contracts the sides of them and their vicars are bound to execut e the conditions which are stated in it
One of the general principles in law is the principle of keep ing the pro mise or pactasuntservanda which is known to the whole legal systems in the world
In Germany stipulation doesn’t just bear the concept of determining the damage but in addition to this has a corrective aspect and for forcing the obligor to fulfill h is/her commit ment is used. On the other hand the legal system of Germany contrary to the Co mmon Law doesn’t dissociate the corrective stipulation and the obligational aspect which has the function of determining the exact amount of da mage; that is in both cases the obligational aspect is capable of putting into force or enforceable
Summary
One of the general principles in law is the principle of keep ing the pro mise or pactasuntservanda which is known to the whole legal systems in the world According to this princip le anyone is responsible and bound to carry out the affair that is co mmitted to do it and put it into practice and/or shun from doing anything which was committed to quit it. The violator of the mentioned principle is committed to compensate for the loss and damage out of doing or quit doing an action. According to the article number t wo hundred and twenty one of the civil code of Iran: ‘’If anyone promises or undertakes to do something or undertakes to shun from doing something in case of violat ion s/he is responsible for any harm which is occurred to the other side of the contracts’’
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
