Moral Foundations of the Rule of Freedom of Forms in Jurisprudence and Iranian Law
KeywordsFreedom of Contract; Freedom in forms; intent; Loyalty to the covenant; Morality
Private international law. Conflict of laws
Full recordShow full item record
AbstractTo understand the principle of freedom of contract and its moral basis as well as its source in our jurisprudence and law, we must not seek this principle in jurisprudential texts. The examination of moral principle shows that the principle is embedded in its concept. These rules are freedom of contract formation and freedom of forms. This paper just argues that the most important rule set forth in the principle of freedom of contract means freedom of forms because of the extension of subject. By exploring verses, reports, Jurisprudential and legal sources, it can be stated that the rule of freedom of forms embedded in the principle of freedom of contract is rooted in moral principles, such as general principle of loyalty to the covenant and compliance of action with intent that entered into legal system in the form of freedom of contract principle after being adjusted and reformed.