contract

The Building Pre-Sale Law has been enacted with the focus on the way to prepare a specific contract under the title of Building Pre-Sale Contract and the regulations surrounding it. Understanding the conditions, effects, rulings, and regulations of any contract requires explaining the nature of that contract. Therefore, Article 1 of the Building Pre-Sale Law was created to explain this contract and distinguish it from other contracts; however, the legal nature of this contract has been left ambiguous. In order to examine the implementation issues and the legal effects of this contract, it is necessary to explain its nature. The present article, by analyzing and examining all the jurisprudential and legal situations, considers the rulings and nature of the building pre-sale contract to be defensible in the form of a contract of sale and explains and examines them. Although this contract has been presented jurisprudentially in the form of contracts of suspension, ji'ala, sool, istisna', kulli fi' dhimmah, ma lam yaqqab, salam wa sarf, anonymous contract of sale, and legally in the form of private, independent, obligation to sell, ceremonial, consent, covenant, ownership, and contractual contracts, and each of them has its merits. And other theories may also be proposed in the analysis and nature of the contract of advance sale of a building that will be examined jurisprudentially and legally.

The purpose of this article is contract termination and its application in Iranian and French jurisprudence. In fact, the purpose of the article is to examine the commonalities and differences between contract termination and its application in Iranian and French law.

The research method is comparative and the method of collecting information is library. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings of the article show that, unlike French law, Iran's law is silent on the right of early termination due to non-fulfillment of the main contractual obligation and does not include general rules in this case, while paying attention to certain issues. Among the complexity of the issue of identifying and analyzing the responsibility of the parties and its positive and negative consequences at the time of negotiation, conclusion, execution and settlement, it is among the most important matters of concern in the laws of the two countries.

The results of the article show that in Iran's legal doctrine regarding the termination of the contract by one of the parties, a group justified the termination of the contract on the assumption of breach by one of the parties, while the other group justified the need to recognize the right of termination as They have emphasized a general rule regarding breach of obligation in all contracts.

Intention is one of the effective factors in concluding contracts. The purpose of this article is to examine the concept of intent and its examples in contracts from a jurisprudential and legal point of view.

The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Intention is the manifestation of the will of the parties in the transaction, so people fulfill their contractual obligations at their own will. Just as the deliberate intention of the people in concluding it is important, it is also in cases where the contracting parties or one of them does not fulfill their obligations and the contract is violated. Breach of contract may be accompanied by the fault of the violator, the fault of the violator has different degrees, the most severe of which is intentional fault.

Intentional fault is a person's refusal to do an action that he should do and an intentional implementation that cannot be in accordance with the principle of will, people can freely do whatever they can with any action and law. Intention or will are exemplified in various ways such as composition, acceptance, request, and consent.

Consumers need legal protection by legislator,for this reason ,the legal systems of most countries have tried to support consumers by taking into account the liability of producers in the case of any defects in manufactured goods The purpose of present study is to determine product producers liability in the case of products defect in legal systems of Iran and Iraq .

Method and Materials:

 The research method is descriptive_analytical.

Ethical Consideration: 

In writing present paper, the principles of text origionality, honesty, and trustworthiness have been observed.

Guaranteed letter of credit is the most common method of paying the price of goods and services, because it guarantees and secures the interests of all the people involved in the transaction, which is generally prepared and available to the beneficiary by submitting a written application.

In legal system of Iran and Iraq, in the field of liability of product manufactures, theory of absolute liability provides a more supportive platform for consumers due to its wide range of scope. In legal system of Iran, given the consumer right protection law,absolute liability has been taken in to consideration and accepted by legislator.

intellectual property rights are a new branch of civil rights that has been created due to the expansion of science and the creation of literary and artistic works. The purpose of intellectual and moral property rights is to protect this category of works. The progress of intellectual property rights in commercial activities has turned franchise contracts into a type of commercial contracts.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are respected.

From the point of view of jurisprudence and law, the franchise contract is very similar to the right of usufruct because the franchise contract is a contract whereby one party (franchisee) gives to another party (franchisee) the right to practice a profession in exchange for material differences. on behalf of the franchisee and in his name, and therefore the franchisee has the right to use the name and trademark and other intellectual property rights, experimental knowledge and experimental methods belonging to the franchisor.

In the franchise contract, the obligations that are burdened by both parties of the franchise contract are very diverse. Obligations in this field can be divided into two categories: a) Obligations related to financial issues, such as the right to pay, royalties. b) Non-financial obligations, such as compliance with the exclusive right to benefit from the franchise, the franchisor's requirements in the franchise agreement.

In Iranian law, the civil liability of municipalities, like other legal entities, is examined under the title of liability arising from the actions of others. The municipality is responsible for fulfilling its legal duties at the city level, and delegating these operations to contracting companies does not relieve the municipality of its responsibility towards citizens. Compensation for damages in civil liability is based on various theories, and the most important element of civil liability is the existence of harm resulting from a harmful act, such that a causal relationship exists between the two. Despite municipalities outsourcing their services to contractors and fulfilling their inherent duties through them, they are often liable for damages caused to third parties in service assignment contracts. The findings of this research regarding Iranian judicial practice also support the existence of inherent liability of municipalities for damages inflicted on third parties; however, there are also rulings indicating the non-liability of municipalities or joint liability for damages by both the municipality and the contractor. Nonetheless, the prevailing view considers municipalities responsible for compensating all damages incurred by citizens in the performance of their legal duties and obligations.

Compensation for damages resulting from breach of contract has gained increasing significance due to the expansion of contractual relations. In the Iranian legal system, in addition to the general rules of civil liability, Islamic jurisprudence (fiqh) rules are also influential in this area. One of these rules is the rule of "Itlaf" (unlawful destruction or consumption of another's property), which is considered one of the grounds for strict liability in fiqh. However, the application of this rule, rooted in strict liability, faces challenges in the realm of contractual liability. This research examines the challenges of invoking the rule of Itlaf in contractual damage compensation. This research addresses the challenges of: the difference in the nature of contractual and strict liability; the conditions for the realization of Itlaf in contractual liability; and how to reconcile the agreement between the parties in the contract with the general rules of strict liability regarding damage compensation.  This descriptive-analytical research, after examining various fiqh viewpoints, identifies the viewpoint of Itlaf being a discretionary rule as the preferred approach. This viewpoint is more compatible with the approach of Iranian law and other legal systems. Considering the discretionary nature of this rule, it can be applied in both contractual and strict liability domains. Also, intentional breach of contract can be considered a type of Itlaf. Regarding the method of compensation for damages, the agreement of the parties can be reconciled with the general rules of strict liability. However, in invoking the rule of Itlaf in contractual damage compensation, its conditions and limitations must be considered. This research contributes to a deeper understanding of damage compensation in contractual relations within the Iranian legal framework, with potential implications for legal practice and policy. 

The contracting contracts of the publication No. 4311 of the country's program and budget organization, known as the contract of general conditions of the contract, have been compiled while the contractor, according to the contract concluded between himself and preferably the government employer, does not have the necessary powers to terminate and a kind of contract is imposed on him. be made According to the clarity of Article 43 of the general conditions of the agreement regarding the explicit mention of similar events beyond the control of both parties in this article in the effects of inflation, especially unusual and unpredictable inflation in the subject of public contracts and even the private sector in case of compliance with the provisions of the general conditions of the agreement The right of termination will be available to the contractor. In this research, while conducting an analytical review and also with a comparative study of other contracts similar to the international standard with the set of general conditions of the contract, it was observed that due to the lack of attention of the relevant authority to the rights of the contractor, the right of termination for the contractor, especially due to the occurrence of conditions that If the parties were not involved in its creation, it will be certain.

In the case of fraud, when contractual relations are involved, it is necessary to be ignored the solutions of civil law and rely on the objective aspects and rules of criminal law, by referring to the fundamental principle of "independence of criminal law", to establish the criminal elements. According to this, in the present research, in a descriptive-analytical way, with an emphasis on Iran's judicial procedure and the English legal system, it has been attempted to study the effect of legal and contractual relations on the commission of fraud. Accordingly, in the English penal system, "civil fraud" can be prosecuted by the prosecution under one of the forms of fraud. In Iran's jurisprudence, the "principle of independence of criminal law" has not been developed much, and often, encountering contractual relationships is the reason for issuing a verdict for staying the proceeding or an acquittal. However, apart from the titles, tools and solutions of civil law, the process and manner of concluding the contract must be examined to ascertain the criminal intent and the actus reus.

Contracts are one of the transactional and effective units in today's countries, whether in the social, economic or political sphere. Different departments rely on the administrative contracts method. Administrative contracts are characterized by the ease and simplicity of their implementation, their subjection to general legal provisions, and their connection to the role of the administrative judiciary, which contributes to making decisions on issues arising from these contracts. The research sought to clarify judicial justice and its impact on preserving contractual rights acquired between Iraqi and Iranian law, and through the analytical approach. Comparative analysis was done regarding the contractual rights acquired in both Iraqi and Iranian law, and the administration, although it has the characteristics of a public authority, does not have the freedom to contract, so the law intervenes to determine the method of concluding administrative contracts, which is considered the best method of contracting according to the legal conditions and characteristics, and it came out. The research includes a set of results, including the agreement of Iraqi and Iranian law to adopt a double standard to distinguish the administrative contract from other civil contracts, as it is not sufficient to consider the contract administrative if it relates to the activity of a public utility, unless it involves exceptional and unusual circumstances.

International treaties are one of the important necessities in the international life of states and important elements in the relations between states, the subject of this article is what is the nature of international treaties; to distinguish between them, three theories can be examined: unilateral obligation, contract, and law. determining the nature of the treaty has many benefits and effects, in a way that will lead to a correct view of those affected by the treaty and the holders of the rights and obligations arising from the treaty, as well as other issues such as resolving the conflict between the provisions of the treaty and the law and determining the level of obligation resulting from it in its nature can be detected by the beam. In the present study, international documents, jurisprudence, and Iranian and Iraqi laws are the basis of analysis.the research method is library-based; after studying sources including related books and articles and examining The data in an analytical-descriptive manner, the results are as follows: Some have attributed the treaty to be of the nature of a contract, some to law, and others to be of one of the two based on its bilateral or multilateral nature. Based on the shortcomings of the aforementioned opinions, the hypothesis of the difference in the nature of the treaty is from two aspects, domestic and international; It has both contractual and legal aspects at the same time, in short, this research concluded that Firstly, the contractual nature of the treaty is ruled out due to the non-acceptance of unilateral obligations, the exclusiveness of unilateral obligation to specific cases, and the reciprocal and bilateral nature of treaties. Secondly, the nature of international treaties should be determined from two perspectives, domestic and international, and on the other hand, its international aspect should also be based on the type of treaty; in such a way that "treaty-law" should be considered as having the nature of law both from the domestic and international point of view, but the treaty-contract has the nature of law from the domestic point of view (within the member states) and from the international point of view (against the government treaty members) has a contractual nature.

Ontracts play an important role in creating job security. By concluding an employment contract, rights and employers are created for the parties, i.e. labor and employment. In contrast to workers and employees with contract workers, self-employed workers are people who work for themselves and are employed without any type of contract. Self-employment is one of the ways to get a job in the unemployment crisis, It is a type of employment in which a person is responsible for owning and managing his own business. Job insecurity is one of the important challenges of self-employed workers. This article is about the legal study of job security of non-contractual jobs and by relying on jurisprudential generalities such as the rule of respect, it deals with proving the right to job security for self-employed and non-contractual workers

Non-fulfillment of obligations is one of the important issues of contract law, which guarantees performance and claims for damages are very important and at the same time a point of disagreement.The purpose of this study is to examine the conditions for claiming damages from contracts in jurisprudence and law.

The research method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.

In jurisprudence and accordingly in Iranian law, the fulfillment of the obligation is the first solution to deal with the breach of contract, and non-fulfillment of obligations is the most important condition for claiming damages due to the contract.

The deadline for fulfilling obligations, violation of contractual obligations, entry of damages and specification of compensation for damages in the contract or law or custom are the most important conditions for claiming damages due to the contract in Iranian law. Regarding the first condition, it should be said that the deadline for the execution of the contract means that until the obligation is fulfilled, it is not possible for the obligee to demand it. Regarding the second condition, it should also be said that the obligee must have refused to perform the contractual obligations, and in other words, he has committed a fault.

In the new way, due to the widespread use of the internet and the widespread use of electronic communications, the contract may be concluded in new forms, including the expression of will through emoticons. The research method is analytical-descriptive and based on the library method; The content of the foreign opinion was analyzed using books and articles and valid scientific data and led to results for use in Iran's legal system. in a decision issued by a Canadian court, due to the court's belief in accepting the request by an emoticon (emoji) sent in response to the request of a grain buyer and as a result of forming a contract, one of the parties is required to pay a significant amount to the buyer as a non-fulfillment of the contract. Emoticons, including emoticons and emojis, are now considered one of the means of expression including the expression of contractual will based on acceptance due to their widespread use. If the emoticon used clearly indicates the concept of approval, the contract will be formed, but if the concept of rejection or non-acceptance, it will invalidate the request. If the emoticon sent in response to the request is merely an expression of emotion, it has no effect and the request remains until it is rejected or accepted. If written text and emoticons are sent in a combined manner and in a single message, their combined meaning should be recognized and rejected or accepted according to the meaning. If the text and emoticon are issued in two separate messages, basically the first message is valid, whether it is confirmation or rejection.

The imperative for the protection of intellectual property rights concerning computer programs arises from their pivotal role in modern society and the considerable resources invested in their development. However, there are ongoing movements advocating for the release of certain software outside the traditional economic paradigm of intellectual property, promoting the concept of open-source software. Advocates of these movements emphasize the importance of user freedom in both the development and application of software. As a result, users must accept specific contractual terms when utilizing the software, which regulate modifications and redistribution. While some international courts classify such software within the intellectual property framework and subject it to applicable legal rules, a majority of legal scholars contend that these protections are more appropriately situated within the realm of contract law. This article investigates the validity of such contracts within the context of Iranian law, assessing their classification among conventional contract types. The research ultimately concludes by affirming the legitimacy of these contracts based on their intrinsic stipulations.

There is no doubt that the right to access information is one of the most basic rights of every buyer. This doubles the necessity of the current research in relation to the examination of contracts in this field. The leading article was written with the aim of analyzing the effect of the principle of justice and good faith on the provision of information and warnings in contract law. Therefore, the obligation to provide necessary information is one of the traditional rights of every consumer based on the principle of justice and good faith, which is certainly considered one of the duties of the strong party of the contract. This research has been compiled by content analysis method and in a library form and by referring to the regulations. The results of the research indicate that there is no definition of good faith and contractual justice in the laws of Iran. Also, the lack of strict regulations on the advertising of goods can create many problems in the direction of protection from the weak side of the contract. After conducting the research, it is concluded that in commercial dealings and providing information and warnings about contractual substitutes, it is appropriate to accept the theory of pure responsibility in Iranian law and take a big step in promoting the rights of consumers and all-round compliance. Justice in contracts should be removed.

It is not hidden the position of thesis and research in the expansion of science and knowledge and the improvement of the boundaries of knowledge to anyone, but assigning its compilation in exchange for paying compensation to individuals and institutions, weakens and undermines the goals of scientific research and disrupts the order of the academic community. Therefore, it is necessary to examine the jurisprudential and legal ruling of thesis writing agreement for others by relying on public order and good morals, so that an effective step can be taken to prevent this problem by resorting to Sharīʿah and the law. The results obtained in this regard by a descriptive-analytical method indicate that reciprocal contract (commutative contract) of writing a thesis for others in Jaʿfarī jurisprudence and Iranian law is against public order and good morals and it is an illegitimate contract in this regard, in Jaʿfarī jurisprudence, and this private contract in Iranian law is not formed at the time of execution.

Concluding a contract usually has an effect on the future. It cannot be expected to have complete effects until a contract has been formed and completed, and it will be effective when all its components are completed and ready to be effective. The contract in question will have its effects after completion and for the future in this case. However, according to some expediencies, the parties to the contract may agree to extend the effect of the contract to the past in order to achieve their interests. The purpose of this study is to investigate whether the agreement of the parties on the generalization of the effects of the contract or its discharge in relation to the past is correct or invalid in terms of philosophical foundations. Therefore, the main question is what is the legal status of the parties’ agreement to generalize the effect of the contract compared to the past? The hypothesis is that legal propositions are not necessarily subject to the rules governing natural affairs. Legal propositions should be interpreted in a customary-rational way, and from this point of view, agreement on the effect of the contract in the past is correct and valid. The library resources in this article have been used with an analytical-descriptive method and it was concluded by using ʿAllāma Ṭabāṭabāʾī’s theory of fictions that it is possible to generalize the effects of the contract to the past due to the fictionality of legal propositions and the necessity of using the customary-rational interpretation method of issues in this field. Therefore, the parties to the contract can extend the effects of the conclusion of contract and its dissolution to the past.

Permission (''Idhn'') is a frequently used concept in the jurisprudential and legal systems of Iran. Identifying and explaining the legal nature of permission is the first step toward analyzing this legal concept, as well as the different areas in which it plays a role. The widespread applications of permission have made it challenging to choose a single nature for it. Scholars who have aimed to identify the legal nature of permission have often focused on its permissive aspect, assigning it a single nature. They then extend this chosen nature to the permission found in ''permissive contracts.'' Accordingly, scholars have argued about whether permissive creation stems from will or legal provision; some consider permission a unilateral legal act (Iqa’), while others see it as a legal event. Viewing permission as a unilateral act or legal event seems accurate only in cases where the granting of permission results in permissiveness. However, in cases where permission becomes a source of representation—or, in other words, when permission leads to the creation of agency, as in contracts of agency—the nature of permission cannot be regarded as a unilateral act. Defining permission as a unilateral act in such cases leads to inconsistencies and fails to align the selected nature with instances where permission forms the basis for agency. Thus, to determine the legal nature of permission, it is necessary to distinguish between the nature of permissive permission and that of permission as a basis for agency (i.e., in permissive contracts) and to examine them separately. According to the authors, the legal nature of permission as a source of permissiveness is unilateral, while permission as a source of agency holds the nature of a contract.

One of the prominent trading instruments in the financial market is Forex. This market itself encompasses a diverse array of transactions, including spot trading, futures, options, ETFs, forwards, and swaps. Spot transactions are categorized into four main types: the primary spot market, retail Forex, Forex CFD trading, and spread betting. Among these, CFDs have gained significant prominence due to their widespread adoption and unique characteristics such as high liquidity, leverage, and a wide variety of tradable instruments. Despite the burgeoning popularity of these innovative instruments, the complex nature of CFDs and uncertainties regarding their legal and ethical status have led to a dearth of scholarly research, particularly from an Islamic jurisprudence perspective. Consequently, a thorough examination of the Islamic legal implications of CFDs is warranted. Employing a descriptive-analytical methodology and drawing upon both print and digital resources, this study concludes that, based on two prevailing theoretical perspectives regarding the substantive nature and formal aspects of CFDs, these transactions are permissible from an Islamic law standpoint and legally valid. However, the specific classification varies: according to the first perspective, CFDs can be categorized as a sale, while the second perspective considers them a novel, independent contract distinct from established legal contracts.