نوع مقاله : مقاله پژوهشی
دانشگاه شهید بهشتی
عنوان مقاله [English]
Indefinite Iqa’ and Unilateral Commitment;
the Challenge, Evaluation, Result
Abbas GHASEMI HAMED (Professor of Law, Shahid Beheshti University)
Iqa' has legal effect through intention of one individual without harming any other party (except as explicitly mentioned in legal cases including Divorce). In Iran's civil code one category of Iqa' is nominated with especial names and has specific legal effects similar to the definite contracts, while the validity of indefinite Iqa' is subject to discussions and controversies in Iran's Law. This disagreement regarding the general validity of unilateral commitment to create legal responsibility refers to disagreement about validity of indefinite Iqa'. Now this question is raised: are there any reasons implying the general validity of indefinite Iqa' otherthan those which are explicitly included in law concerning definite Iqa'? In other words, are there any citations relating to accuracy and validity of indefinite Iqa' and unilateral commitment as well as those relying on Art. No 10 of Civil Code infavour of indefinite contracts? It seems that based on Art.30 of Civil Code, indefinite Iqa' has legal validity in the field of Financial Rights. Accordingly unilateral commitment about Financial Rights as an example of indefinite Iqa' is correct and encompasses legal effects.