اصالت عدم لزوم مقارنت رضایت با تجارت با تاکید بر دیدگاه امام خمینی(س)

One of the conditions of contractors in a transaction is freewill. of course free will here is not antonym to determination, rather it is antonym of compulsion. freewill here means consent (termed as heartfelt consent by jurisprudents). also jurisprudents consider freewill as an independent condition on the side of intention. hence, it can be concluded that they are different and are not identical nor are they one and the same thing. in fact, one of the them is main factor for contract and is effective in the completion of the nature of contract and the other, i.e. consent, is the condition for effectiveness and validity of the contract whose subject might have happened in the past or may happen in the future. one of the reasons for consent is the quranic verse on mutual consent which states that any transaction should be based on mutual consent which happens in outside reality and does not entail the simultaneity of contract with consent. the present research is an attempt to conclude dispensability of simultaneity of consent with contract based on the “a trade by mutual consent”.