In this research, we tried to analyze the Optional
implementation of the invalid donation contract because of a lack of
the form and showed the rules, the conditions and the position of this
implementation. Then, we tried to found this implement, So, we deduced that the legal
nature of this implementation is just the legislator's will and this
implementation is the law text application.
Issues relating to the will in contracts usually cause a lot of
difficulty. This is because will is clearly related to the mental
and personal elements. Difficulties arise in defining the concept
on the first hand, and in proving it on the other.
Hence, the
issue of intention to donate, which forms the mental element of
the Grant Contract.
This study attempts to simplify this difficulty by discussing the
function of the intention to donate in Grant Contract.
The function of intention to donate in Grant Contracts is
twofold: formative and normative. By formative is meant the
role of intention to donate in the formation and creation of the
Grant Contract as seen in the elements of the contract.
Normative refers to the role of intention to donate in
distinguishing the Grant Contract from other legal actions,
which might overlap with it in some actual cases.
