Exploring the Effects of Permission or Promise Types of Contract Law from the Perspectives of Lawyers, Jurists, and the Civil Code

By examining the provisions of the Civil Code in the context of contract law and a comparison of its articles as well as its definition, the nature of contract law is not specified clearly. The present paper consists of two chapters in which we attempt to analyze the views of lawyers and jurists, the legal nature of the contract, requirement of the nature and the effect of its conclusion. Additionally, this study aims to investigate and evaluate the views of jurists, lawyers and civil law in this area because when there is a debate on permission, it is thought that as though contract law is a matter of permission by nature whilst elsewhere, by analyzing articles on this area and abundant obligations parties for contract law, it becomes transparent that procuration is a promise contract and based on definition provided by Civil Code regarding contract law, it is imprecise to state that it is a matter of permission or promise. Even by exploring the perspectives of lawyers and jurists, it is impossible to obtain common points on this issue. But with regard to the characteristics of permission and analyzing the viewpoints, it is probable to assert that being procuration as a type of promise is more acceptable.

کلیدواژه ها:

contract law ، permission contracts ، promise contracts ، jurists ، Civil Code