Assessing the quality of the relationship between contract and reality; A critique of philosophical realism approach to the validity of a contract

Subject Areas : Journal of Law and Politics

narges khaleghipour ¹ , dawood nassiran ²

1 - law faculty, najaf abad
2 - law department, najafabaduniversity, najafabad, iran

Received: 2022-05-16 Accepted : 2022-08-05 Published : 2022-09-23

Keywords: realism", contract", ", reality",

Abstract :

AbstractCredits and realities are two different entities, and a person deals with them advertently or inadvertently in their lifetime. Experimental reality or social reality, both of which exist in the external world and virtual things such as contracts, are brought into effect by the human will. From the point of view of realist thinkers, virtual things have a basis in reality and human will plays an instrumental role. The question is: what are the practical implications of this relationship between contract and reality and what are the advantages and disadvantages of this school of thought? The philosophical realism approach sees a contract as directly dependent on reality and weakens the integrity of the contract. The consequences of such an approach will come into effect during the conclusion and execution of the contract. such a result is unacceptable by the human will and the standards of existing contact legal systems. To avoid this decadence, centrist positivism is a better substitute. This approach finds the human will as the basis of the contract and believes that the prolonged existence of the contract is dependent on the initiative will of the contractors, but it does not factor out the role of external reality. Reality is a moderating factor but it does not constitute the whole of a contract and affects the status of the contract without the involvement of the contractors. according to this approach, the contract is affected by reality, but it is not entirely dependent on reality.