نوع مقاله : علمی - پژوهشی
1 دانشجوی دکترای حقوق خصوصی، دانشگاه آزاد اسلامی واحد اصفهان ( خوراسگان)، اصفهان
2 استادیار گروه حقوق، دانشگاه آزاد اسلامی واحد اصفهان(خوراسگان) ، اصفهان ، ایران
عنوان مقاله [English]
The purpose of this study is to investigate the acceptance of the principle of party autonomy in law of Iran and England. In the modern Roman-German system, the principle of party autonomy means the human will’s underlying on the legitimacy of legal obligations and acts. This is, only, the parties’ will that lead to the legal acts and gives legitimacy to them and if there is a restriction, it has existed due to the law. In jurisprudence, legal acts are somethings that the legislators are responsible for or certifies them and the authority must be from God. The main problem of law of Iran is that it has tried to combine the jurisprudence approach and the principle of freedom of will that has originated from western law. Accordingly, we are confused about law of Iran somehow and in this situation, either the jurists have to think about new arrangements or law of Iran have to fully accept the principle of freedom of will that it is not possible, because the law has been written under the influence of Imamieh jurisprudence. So, jurists must consider new arrangements.