1
Assistant Professor at Law and Political Science Faculty of Shiraz University
2
PhD Student of Private Law at Shahid Beheshti University
Abstract
The parties can stipulate the “consideration clause” in the most gratuitous contract. Lawyers believe, with the stipulation of this clause, the gratuitous contracts don’t become a consideration contract, but this clause is effective on the nature and consequences of the contract. In this article, we have studied the effects of the consideration clause in the donation, as a most important of gratuitous contracts. The review of the specific provisions governing the donation with consideration shows that a certain basis that would justify these provisions, is not expressed in the legal and Feq books. The provisions governing donation with consideration, especially the irrevocability of this contract, can be explained and justify on the basis of the “Mutuality of obligations” theory. According to this theory, the stipulation of the consideration clause, in some forms of it, causing the mutuality of obligations in a donation and resulting donation with consideration to be irrevocable.
Mobayen, H., & AmirHosseini, A. (2019). Jurisprudence and Legal Analysis of the Effects of “Consideration Clause” in Donation Contract Based on the Mutuality of Obligations Doctrine. Judgment, 19(99), 131-151.
MLA
Hojjat Mobayen; Amin AmirHosseini. "Jurisprudence and Legal Analysis of the Effects of “Consideration Clause” in Donation Contract Based on the Mutuality of Obligations Doctrine". Judgment, 19, 99, 2019, 131-151.
HARVARD
Mobayen, H., AmirHosseini, A. (2019). 'Jurisprudence and Legal Analysis of the Effects of “Consideration Clause” in Donation Contract Based on the Mutuality of Obligations Doctrine', Judgment, 19(99), pp. 131-151.
VANCOUVER
Mobayen, H., AmirHosseini, A. Jurisprudence and Legal Analysis of the Effects of “Consideration Clause” in Donation Contract Based on the Mutuality of Obligations Doctrine. Judgment, 2019; 19(99): 131-151.
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