The Impact of Parties’ Will on the Validity and Enforceability of Contracts in Private Law

The will of the contracting parties constitutes the cornerstone of private law, determining the validity, enforceability, and overall effectiveness of contractual agreements. This paper examines the role of parties’ intention, consent, and autonomy in shaping legally binding obligations. In private law, a contract is only recognized as valid when the parties demonstrate genuine, voluntary, and informed consent. Defective or vitiated will—arising from mistake, fraud, duress, undue influence, or incapacity—can undermine contractual validity, rendering agreements void or voidable. Through a doctrinal and comparative analysis of civil law and common law traditions, the study highlights the methods courts employ to assess the authenticity of parties’ will. Civil law jurisdictions often prioritize the subjective intention of the parties, evaluating internal motives and knowledge, whereas common law emphasizes the objective manifestation of consent, focusing on outward expressions and reasonable perceptions. The paper further discusses legal remedies available when the will is compromised, including contract rescission, reformation, and damages, illustrating how private law balances the principle of contractual freedom with the protection of fairness and justice. Moreover, the study underscores the critical interplay between autonomy and legal oversight: while parties have the freedom to structure their legal relations, the law intervenes to prevent exploitation and ensure equitable outcomes. By analyzing theoretical foundations, historical perspectives, and contemporary case law, this research demonstrates that the parties’ will is both a theoretical construct and a practical determinant of contract law. Understanding its impact is essential for legal practitioners, scholars, and policymakers in safeguarding contractual integrity and promoting voluntary, fair, and enforceable agreements.

کلیدواژه ها:

Parties&rsquo ، will ، contract validity ، consent ، Private Law ، Enforceability