Mohammad Ali Amin
Abstract
The consistency and effectiveness of contracts depends on the will of the parties to the contract, and without it, either the contract is not concluded or it is defective. In some cases, there are factors that cause the will of the contract holder to be defective, which are called defects of the will. The question is, what are the defects of will in Afghan law and what are their effects and legal consequences? This article is an attempt to find an answer to this question and investigates it using descriptive-analytical method. The purpose of examining the defects of the will is to familiarize with the cases and the extent of the contract's vitiability. From the analysis of the articles of the Civil Code of Afghanistan, it is found that "reluctance", "mistake" and "Subreption" are cases of defects of will and consent. Although the legislator did not distinguish between defects of will and defects of consent, while some of these cases are related to defects of will and lead to the invalidity of the contract, while others are related to defects of consent and create the right to rescind.
Keywords: contract, will, satisfaction, defects of will, reluctance, mistake, and Subreption