The preference of inner will for the apparent will in interpreting business contracts based on moral justification

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Moridifar Hossein; Sokooty Nasimi Reza; MASOUDI NASER

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT) Year:2018 | Volume:8 | Issue:4 Page(s): 183-202

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Title

The preference of inner will for the apparent will in interpreting business contracts based on moral justification

Author(s)

Moridifar Hossein | Sokooty Nasimi Reza | MASOUDI NASER | Issue Writer Certificate

Keywords

InterpretationQ2

inner willQ1

apparent willQ1

ethicsQ2

Abstract

Contract Interpretation is one of the problem areas in the contracts. There are many basics for interpreting the contract. Approximately the principles of Interpretation have been considered in various legal systems. One of the principles presented for interpreting the contract is the discovery of the truth based on the will of the parties. It is customary to create conflict between the will of the individuals (dominant and externally) in the field of contracts. Conflict arises from the real and declared will of individuals. In most legal systems, contract Interpretation and conflict resolution are preferable to real and inner will, in such a way that if true, the true intention of the parties is other than that which has been expressed, the real will will be preferred, which ethics also accepts. And this issue has been accepted in jurisprudence, Iranian law and EU law. On the other hand, English law has a different approach to these systems, although it is possible that ethics will not accept this Interpretation in some cases. In the current research, regardless of the views of researchers in this field, the actual and internal will, with moral justification, is preferred to the will expressed.

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APA: Copy

Moridifar, Hossein, Sokooty Nasimi, Reza, & MASOUDI, NASER. (2018). The preference of inner will for the apparent will in interpreting business contracts based on moral justification. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), 8(4 ), 183-202. SID. https://sid.ir/paper/368029/en

Vancouver: Copy

Moridifar Hossein, Sokooty Nasimi Reza, MASOUDI NASER. The preference of inner will for the apparent will in interpreting business contracts based on moral justification. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT)[Internet]. 2018;8(4 ):183-202. Available from: https://sid.ir/paper/368029/en

IEEE: Copy

Hossein Moridifar, Reza Sokooty Nasimi, and NASER MASOUDI, “The preference of inner will for the apparent will in interpreting business contracts based on moral justification,” ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), vol. 8, no. 4 , pp. 183–202, 2018, [Online]. Available: https://sid.ir/paper/368029/en

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