Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Examining the concept of intent and its examples in contracts from a jurisprudential and legal point of view

Document Type : research

Authors
Manijeh Movahedi Khourshidabadi 1
Parvin Akbarineh 2
Morteza Asadlou gharakhanlou 3
1 PhD student of private law, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
2 Assistant Professor, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
3 Assistant Professor of Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
10.22034/ejs.2024.432570.1646
Abstract
Background and Aim: Intention is one of the effective factors in concluding contracts. The purpose of this article is to examine the concept of intent and its examples in contracts from a jurisprudential and legal point of view.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Findings: Intention is the manifestation of the will of the parties in the transaction, so people fulfill their contractual obligations at their own will. Just as the deliberate intention of the people in concluding it is important, it is also in cases where the contracting parties or one of them does not fulfill their obligations and the contract is violated. Breach of contract may be accompanied by the fault of the violator, the fault of the violator has different degrees, the most severe of which is intentional fault.
Conclusion: Intentional fault is a person's refusal to do an action that he should do and an intentional implementation that cannot be in accordance with the principle of will, people can freely do whatever they can with any action and law. Intention or will are exemplified in various ways such as composition, acceptance, request, and consent.
Keywords
intention
contract
will
demand
acceptance
fault
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 739-754