نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 دانشیار حقوق خصوصی گروه حقوق دانشکده ادبیات و علوم انسانی، دانشگاه گیلان، رشت، ایران
2 دانشجوی دکتری حقوق خصوصی، گروه حقوق، دانشکده ادبیات و علوم انسانی، دانشگاه گیلان، رشت، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In the interpretation of contracts, if the court considers the apparent intention of the parties as a criterion for establishing a mistake, the mistake of the parties only in their expressed words prevents the formation of a contract. But if the internal intention of the parties is the criterion for making a contract, the internal mistake of the parties will also be effective, even if the appearance of their words is in agreement. In this article, an attempt has been made to answer the question that according to the approach of the legal systems of England and Iran in the interpretation of the contract, where a mistake can hinder the agreement? In this research, the descriptive-analytical method has been used in examining the views of jurists, laws and judicial procedure, and library resources have been used. The results of this research show that in the English legal system, the expressed intention of the parties is used as a criterion of mistake in the agreement of the parties, and a mistake in the inner will of the parties and its inconsistency will not prevent the formation of a contract. Regarding the mistake in the person of the transaction party, English law has made the apparent intention in face-to-face contracts and the internal intention of the parties in written contracts as the criterion of interpretation. In Iranian law, , which is actually a combination of both objective and subjective theories, are the criteria of finding the mistake.
کلیدواژه‌ها [English]
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