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Ebrahim Abdipour Fard; Rouhollah Rezaei
Abstract
Objective or subjective view of the contract, although itself a more theoretical issue, has important practical effects, especially in the area of contractual errors. It has long been believed that civil law systems have a subjectivist and common law systems have an objectivist approach to contract. ...
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Objective or subjective view of the contract, although itself a more theoretical issue, has important practical effects, especially in the area of contractual errors. It has long been believed that civil law systems have a subjectivist and common law systems have an objectivist approach to contract. However, this statement does not seem to be accurate in its entirety.The purpose of this article is to investigate this issue in the rules and jurisprudence of these legal systems by descriptive-analytical method with a detailed explanation of the similarities and differences between legal systems in perception of contract. In three systems (England, France, and Germany), the contractual conception of rules and decisions (external view) is a similar objective-subjective dialectical conception. But from the inside view, the issue is very different: these are only German jurists whose perception of contract is consistent with the jurisprudence. But the English and French jurists, tend to understand contract in a more linear way, in England is essentially objective and exceptionally subjective, and in France it is essentially subjective and exceptionally objective. However, the conception of the Iranian legal system seems to be a subjective understanding, both externally and internally.
