نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Contracts and unilateral acts are recognized as legal acts formed through the will of individuals; thus, will is considered the driving force and creator of these legal relationships. Within the framework of legal science, human freedom to establish legal relations is justified based on the principle of autonomy of will. This principle is rooted in philosophical anthropological foundations such as "human dignity" and "self determination, aligning with the logic of human social existence. Accordingly, the primary rule is based on the non interference of governments in the realm of private law. Individuals enter into contracts or undertake unilateral actions based on their motives, needs, and interests. Although the principle of autonomy of will was not widely recognized during the era of authoritarian empires or the age of ignorance, it is now accepted as a common foundation across all legal systems, serving as a point of convergence in the field of law. A historical examination of the evolution of contract law reveals that contractual freedom in the Western world coincided with the rise democratic ideas following the Renaissance, influenced by theory of political liberalism.
کلیدواژهها English