قصد و رضا و تاثير آن دو در تحقق عقد

Consent and Will and their Effect on the Fulfillment of a Contract

Despite the conclusion we come to when studying the 1st note of article 190 of the Civil Law, consent and will are two seperate and independent entities, and the presence and absence of each has a different effect on the fulfillment of a contract. Will is an interest in a new situation and the condition of impression and consent which is making a new situation is the condition of its correctness. Consent can be added to the contract after its fulfillment and makes its impression possible. But consent is necessary for the fulfillment of a contract, and the absence of it prevents the fulfillment of the contract. The absence of consent sometimes occurs due to a lack of attention or reluctance. Cases of absence of will consist of all conditions under which the mental existence of the new situation has not been established, e.g. sleeping, unconsciousness, or intoxication. The lack of conformity in consent between the two sides is considered a lack of consent.