Author/Authors :
Tazang، Abdolah نويسنده Department of Law, Science and Research Branch, Islamic Azad University Hormozgan, , , Kahnamoee، Esmaeil نويسنده Department of Law, Science and Research Branch, Islamic Azad University Hormozgan, , , Shabani، Ghasem نويسنده 2Department of Law, Science and Research Branch, Islamic Azad University Hormozgan ,
Abstract :
Will is not only free in forming and choosing the type of contracts, but also has the power to result in a new legal achievement in the framework of proviso. The results and action terms are obvious and efficient examples of dominion of will in legal actions. Dominion of will principle is one of the ruling principles in legal actions which constitute the essence of the contract. Necessity principle (all contracts are presumed to be binding unless it is proved to the contrary) is part of the primary and basic principles of contracts; its scope is not limited to the certain contracts but encompasses all contracts including definite and indefinite, provided that the conditions of correctness governs the contracts. Therefore, whenever a doubt arises about the necessity and permission of a contract, it should be considered necessary according to the judgment of the rule and principle. This paper examines the effect of dominion of will principle results in legal actions; and in the end, the results of this principle would be reflected.