https://www.ajmhss.com/ Advanced Journal of Management, Humanity and Social Science en daily 1 Mon, 29 Dec 2025 00:00:00 +0330 Mon, 29 Dec 2025 00:00:00 +0330 https://www.ajmhss.com/article_237314.html 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. https://www.ajmhss.com/article_241042.html This study examines the impact of microfinance services on the financial sustainability and performance of medium-sized enterprises (SMEs) in Mazar-e-Sharif, Afghanistan, using data from 100 firms selected through systematic random sampling. The primary objective is to assess how microcredit access, savings services, and entrepreneurial development training affect return on assets (ROA) and financial sustainability (FS), while controlling for firm age and size. Data were collected via structured questionnaires administered to SME owners/managers, with reliability confirmed by Cronbach's alpha of 0.780 (N=100 items) and content validity established through review by 10 Afghan microfinance experts. Analysis employed descriptive statistics, Pearson correlation matrices, and multiple linear regression models following established SME research methodologies. The first regression model revealed that internal finance (β=0.012, t=10.78, p<0.001) and trade credit (β=0.008, t=7.23, p<0.001) significantly enhance ROA (R²=0.61, F=24.37, p<0.001), while non-institutional finance shows a negative effect (β=-0.130, p=0.017). The second model demonstrated strong positive impacts of microcredit (β=0.287, t=5.02, p<0.001), savings services (β=0.214, t=3.67, p=0.01), and entrepreneurial training (β=0.176, t=3.11, p=0.002) on financial sustainability (R²=0.65, Adj. R²=0.62, F=28.45, p<0.001), with larger/younger firms benefiting most. Nine of ten hypotheses were supported, underscoring microfinance's comprehensive role (financial + non-financial services) in fragile economies. Policy recommendations include government investment in energy infrastructure, transportation networks, and SME training programs to enhance competitiveness. These findings offer actionable insights for post-conflict development strategies.