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Restrictions on the freedom of the will to acquire property agreement | ||
| journal of legal sciences | ||
| Article 1, Volume 21, Issue 1, 2006, Pages 1-45 | ||
| Author | ||
| Assistant professor Alctor Aziz Jawad | ||
| Abstract | ||
| The general rule in the modern laws that merely agreement two Shi entails commitment Auahdihama within the limits agreed upon Agreement becomes binding once the satisfaction of a terminal without the need to hold another, as long as this Agreement to اينطوي on contrary to public order or good morals, and explained that new laws take as a general rule the principle known as Sultan who will spend that alone will be sufficient for the emergence of the commitment. That this rule was not the result of today, so must know its historical development. Roman law: not Roman law gives will Sultan that we see today in the modern laws, it is not enough to agree two people is even gaining their agreement binding force and even ignored the law sockets considered, but it was necessary to become agreement is binding, that formulated in the form of specific or that is surrounded by special circumstances, Agreement is two wills permission is not enough under Roman law to do contract Aunsca commitment, which crossed the jurists Romans for this rule by saying: that the agreement abstract Aatold him an obligation or that the agreement abstract Attold him suit "principle prevailing in Roman law, then, is the principle of formal stipulating the need that تصاف to another element of satisfaction in order to become a binding agreement | ||
| Keywords | ||
| Restrictions on the freedom of the will to acquire property agreement | ||
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