contracts

In law and jurisprudence (fiq’h), the basis, conditions, and duration of the option have been examined. The less discussed matter is the scope of the said option, which raises questions on its plausibility about unilateral juristic acts (Iqa’) and revocable contracts. In this research, by analyzing the basis of the option, it is proved that in principle the said option is possible in all types of contracts unless it is contrary to the contract’s quiddity. This option is not limited to irrevocable Contracts. In unilateral juristic act (Iqa’), because it is effective for two sides of the act, it is possible to use the option. Also, even though a revocable contract can be terminated at any time, its termination based on the option, due to its advantages and effects, justifies the use of the option in revocable contracts.

According to the widely known viewpoint of the Uṣūlīyūn, khabar al-wāḥid (tradition with a single transmitter) is valid as a special presumption (ẓan al-khāṣ). The most important reason for its validity is considered to be the intellectuals’ attitude. But some others, citing the reason for obstruction (insidād), use akhbār al-wāhid for the absolute benefit of presumption. What needs to be discussed is whether the validity of the khabar al-wāḥid is used in the same way in both parts of worship (ʻibādīyāt) and transactions. Written in a descriptive-analytical method, this study shows that by proving the principle of non-devotional transaction rules, in its specific sense, the Akhbār al-Āḥād of these chapters are not useful for the presumption of survival (ẓan bih baqāʼ). Therefore, the proof will not be valid due to obstruction. Thus, in the chapter on transactions and contracts, Khabar al-wāḥid cannot be considered as validation either because of a specific proof or because of obstruction. Consequently, legislation in the field of transactions and contracts is the responsibility of experts (jurisprudents) and their compliance with the general purposes of the sharīʻah, such as non-ghararī (uncertain) and non-harmful. However, the usefulness of the narrations of the mentioned chapters can be indicative of the attitude and perception of the lawmaker (shāriʻ) in setting the laws of the society. As a result, the invalidity of akhbār al-āḥād will be useful for restricting transactions to contemporary transactions of maʻṣūm (infallible) and the transactions approved by him.

One of the issues of contract law is the presentation of criteria and effects of the division of contracts according to Imamieh and Iran's subject rights. Therefore, the main question of the research is what are the criteria and effects of the division of contracts in Imamieh jurisprudence and Iran's subject rights؟ The present research seeks to answer this main question and its related questions, so that, while examining the theories of jurists and lawyers in this regard, it can be a criterion consistent with Iranian law To divide the contracts headquarters from Imamieh jurisprudence and Iran's subject rights by analytical and citation method. The autonomous theory of research in the criteria and effects of the division of contracts headquarters is the integration of different criteria under the criteria of opposition and non-contradiction of contracts with the required rules and laws of the book and the age of comparison and its works.

The concept of “power over submission” is discussed in the context of Imamiyah jurisprudence and Iranian law, specifically in the domain of sales. However, it is not confined solely to sales; rather, it is an essential element of all contractual obligations. In essence, as contractual obligations are not explicitly elaborated in Imamiyah jurisprudence (Fiqh), the principles of contractual responsibilities, including “power over submission”, are expounded within the framework of sales contracts. This signifies that the property must be placed under the control of the obligated party in a manner that enables possession and enjoyment of the delivered item. The current descriptive-analytical research illuminates the ambiguities surrounding “power over submission” in unilateral obligations or those related to administrative, documentary, and tax matters. It extends the universality of this condition from sales contracts to encompass all contractual obligations in Imamiyah jurisprudence and Iranian law. The conclusion drawn is that the ability to enforce an obligation is a prerequisite for the validity of any legal act, whether it pertains to proprietary, and covenant contracts, specified and unspecified contracts, as well as unilateral obligations. Since the legal provisions regarding this condition in civil law are not comprehensive, an amendment to the relevant Articles is suggested for consideration by the legislator.

Vegetative State is a type of brain damage that despite the death of the brain hemispheres, the brain stem continues to work. In this situation, the patient has no mental and cognitive function and is not able to consciously communicate with the environment. Due to the lack of relevant laws in this area in most legal systems, the legal aspects of this situation have not been adequately explained. The issue of the life or death of these patients is one of the important issues for explaining the legal status of patients in a vegetative state. In this study, according to the religious and jurisprudential concept of death according to the sanctity of the right to life and with the similarity with the regulations governing the incapacity, the view of being alive has been accepted and according to this view and with a comparative approach, the legal effects of vegetative state has been analyzed. The selection of a guardian and trustee and the transfer of financial affairs to them, the possibility of seeking divorce due to circumstances created by the spouse in a vegetative state, and the termination of personal contracts are the most important legal effects that have been accepted in this study

backgroud and The principle of good faith and fair behavior is one of the important moral and legal principles. The purpose of this article is to examine the rules of good faith and fair behavior in contracts in Iranian jurisprudence and law and European Union law. 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 observed. In the laws of the European Union, the principle of good faith and fair treatment is clearly stated. In Iran's legal system, the term "good faith" is not used in the civil law, but in laws such as the civil liability law approved in 1339 and the e-commerce law of 1382 and Iran's trade law, this term is implicitly used. In Shia jurisprudence, there are reasons that emphasize the necessity of honesty and correctness in contracts, including commercial contracts. In European Union law, good faith and fair dealing in contracts are explicitly recognized. The scope and function of good faith in Iran's law has been more prominent in the pre-contract periods and it is formed based on the will between the parties to the transaction and the intent to create contractual obligations. So that the issue of the functional domain of goodwill in Iranian law is related to intention

Improper influence means the abuse of spiritual influence with the aim of reaching unfair and unjust contracts, which exists in all societies. This theory was first proposed by the Court of Justice to modify and adjust the contract in order to protect the weak party of the contract in English law. There is no mention of this title in Imamiyyah jurisprudence and Hanafi jurisprudence, but its examples are abundantly seen in social behaviors. The question is whether Imamiyyah and Hanafi jurisprudence have a plan to support the deprived class who are oppressed through influence. In Afghan law, which is based on Hanafi jurisprudence, there are legal articles (698, 631, 621)civil law, and in Imamiyyah jurisprudence there are rules (the rule of no harm and the principle of justice) that protect people who are subject to abuse by influential people. And according to those rules, any kind of illegal transaction is forbidden and non-enforceable, and receiving any money through it is considered to be invalid, contrary to Sharia and legal regulations, and one of the examples of unlawful ownership. key words: rulings, works, undue influence, contract, Imamiyyah jurisprudence, Hanafi jurisprudence.

"Voidness" is a status on which no legal effect is exercised according to the law. Although this status is contrary to the rule in Islamic law, it has significant examples in Islamic law. An examination in jurisprudential and legal books shows that scholars of jurisprudence and law have tried to reduce the scope of this legal status and reduce its examples by creating institutions such as withdrawal of the contract, the principle of correctness and the theory of spiritual commonality. In this regard, according to the examples of correction of void contracts in Islamic law, we can reach a comprehensive and complete theory called "correction of void contracts", which on the one hand compared to similar comprehensive institutions and on the other hand It has far fewer problems than such institutions. Correction of a void contract means that a void contract is corrected by removing the invalid causes or changing and transforming the annulled elements of the contract.In this research, we intend to examine the aspects of this theory and to assess its validity in the balance of jurisprudence and law. The result shows that there is no serious problem in correcting a void contract from a jurisprudential and legal point of view, and this legal act can be considered as one of the legal theories along with other institutions limiting the scope of voidness.

the USA has extracted its very first oil reservation in the late of 19th century and it caused the notable change of political and economic position of the USA in the world. from the legal perspective the USA also faced with essential change in the contractual system and it was because of the common usage of joint operation agreements that is one of the most popular contacts in the USA oil & gas industry and legal system. The parties of this kind of contract are divided into operating party and non-operating party. This article has analyzed the reason why this kind of contract is popular in the USA oil & gas and legal system, the role and duties of operating party and the method by the rights of non-operating party might be preserved to make sure that the rights of the non-operating part is preserved and the expectations of the contract will be fulfilled.

Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurence, especially contracting contracts that in the current practice of the Social Security Organization and the claims assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the vots of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.

The theory of spiritual communion is that if the contract bear a result of another contract, it is another contract in fact, even though the parties had not considered such intention. In the following research, we analyzed the theory by using descriptive-analytical method and according to the references cited. This theory has a serious disagreement among shia and sunni scholars. The shia scholars have accepted this theory as an instance, but the famous jurists of the sunni scholars have raised this theory as a general theory. According to the view that the theory doesn't considers intention of the parties and also, on the other hand, cause chaos among contracts; It seems necessary to treat it as a sentence and partly (not generally; Therefore, if there are legal texts, then intentions of the parties shall be the criterion.

In many projects, project financing has progressed beyond the feasibility study and bankability of the project. This issue is more important in project finance in comparison to other project financings. the term project finance implies that the underlying debt is non-recourse or limited recourse to the project sponsor and project finance lenders base credit appraisals on the projected revenues from the operation of the project and the revenue-producing contracts and cash flow. That is why the bankability criteria of the contractual networks in project finance need to be analyzed.

The purpose of this study is to analyze the position of good morals in Imami jurisprudence and the Iranian legal system, so the issue of the present study is what is the place of good morals in Imami jurisprudence and the Iranian legal system; Based on the findings of the present study, which has been done analytically and descriptively, the results were obtained that good morality, based on nature and norm, is to limit the will of individuals to protect social interests and it should be the source of legal rule and legal propositions. He knew that in addition to a purely negative role, it also has a positive function and this source, like other sources, is affected by the basis of validity of rules in the legal system. Crimes against good morals are widely mentioned in the jurisprudential chapters and laws of Iran. These crimes are sometimes committed individually. If these crimes are committed in an organized manner, the issue of negligence and veiling will be removed and a serious confrontation will be put on the agenda, especially if this act is done with the intention of disrupting the Islamic system or overthrowing it, in which case It will be subject to titles such as corruption on earth. Also, in order to annul contracts that are against good morals, it is not necessary that there is a specific legal text, but it is enough for the judge to recognize the contract as against good morals and declare it invalid, even if the law is silent about it. This article analyzes the position of good morals in Imami jurisprudence and Iranian law.

Process of establishment of contracts and their foundations, should be proportionate to the evolution of the economy. Contract is an obligation and should be with highest efficiency, benefit and satisfaction. Each of these things has many levels and in every age finds its own meaning. Foundations of contracts, such as validity, satisfaction, no loss and no legally foolishness, are relative and contain numerous degrees. A contract may be efficient, accurate and effective at a time and be void in other times. One person also may be legally foolish in one contract but grown in other. This paper reveals that each meaning must be consistent with the same period of time. This paper is an analytical text and its Hypothesizes that for any foundations should refer to specialist practice and normal practice would induce to static and unchanging.

In Article 957 of the Civil Code, the legislator has spoken about fetal competence of enjoyment stating that the fetus enjoys civil rights, provided that it is born alive. It seems that there is no clear statement in this regard in jurisprudential texts. In this study, we try to answer the questions: Is the condition of being born alive valid only about inheritance or can it be generalized to all rules of pregnancy and fetus? What is the difference between inheritance and other rights related to pregnancy, which requires several rulings? In this article, based on religious and legal arguments, we have given appropriate answers to these questions and we have reached the conclusion that since the condition of the live birth of a fetus has religious reasons only for inheritance, the condition, by comparing other matters, cannot be generalized to contracts such as gift, peace, sale and endowment without a reason. And the spread of this condition to other contracts requires a reason which is missing, because inheritance is a legal event and is forcibly inherited by the heirs, but contracts are legal acts that are enacted by the legislator and have legal effect or are of an indefinite category that are not mentioned in the law. According to the theory of ownership transferring in contracts, the fetus becomes the owner from the time of transfer of ownership, and it does not matter if he is born alive or dead. As a result, the nature of contracts is different from inheritance. Thus, having multiple natures also requires multiple rulings. Consequently, in Article 957 of the Civil Code, it is better to reconsider the condition of the living birth of the fetus to enjoy civil rights.

The design of successful mechanisms in Islamic socio-economic institutions depends on clarifying the system governing Islamic contracts. Asking the help of fiqh, the present article seeks to respond to this prerequisite for policy-making with the assistance of jurisprudence. According to the findings of the study, the realization of dynamism in the creation and amalgamation of contracts, in accordance with Islamic goals, depends on having a clear picture of the structure and network that governs contracts. To meet the mentioned prerequisite and as a preliminary proposal, three images can be proposed for the contracts’ network: 1. the network as a tree, 2. the network as a core circle along with attaching circles surrounding it, and 3. the network as a group of points with interconnections. These three images provide a thobouti[1] image of the contract network. The ithbati[2] image of the contract network which is at the same time accessible and can be realized on the basis of religious proof, sees contracts as particles around the target magnetic field. These contracts are the result and output of a table that shows a comprehensive system for the division of contracts.

Today, the development of electronic representatives who increasingly play an important role in the formation and implementation of the contract highlights the need to create a system of independent representatives. The need to respect the principle of good faith and fair dealing is an important guide to contract behavior that covers various civil rights systems. The necessity of using this principle in the design of electronic agents for the conclusion and implementation of contracts in the global village of electronic communications is unnecessary. This article examines the principle during the pre-contractual negotiations as well as during its implementation, and studies these standards in the event that contracts are negotiated or implemented by electronic agents, as well as the nature and function of these agents.

The suspension of condition is one of the abandoned concepts that has been rarely considered by lawyers and jurists despite its great importance in concluding contracts and agreements. There is no doubt about the veracity of the definite legal acts among the lawyers and jurists. What seems to be the point of discussion is the veracity of the suspended contracts, which the legislator has remained quiet with regard to the status of such contracts. The purpose of the present paper has been to investigate the suspended condition in contracts and to answer the question of whether the conditions which are mentioned as suspended conditions by the contract and suspend the contract are considered as subordinate conditions so that the veracity of the contract is not damaged if they are not realized, or they are considered as the principal conditions and the requirements of the substance of the contract so that the contract will be void if they are not realized ?

Like other rituals of Islam religion to provide divine present and future interests of the slaves has been imposed. Because this talk is that the sentences imposed Sharia numerous books; clear evidence of compliance provisions is material and corruption. What in between where conflict and differences are wisdom and expediency in the discovery of these criteria and host Mfsdh. hand, all humans can capture a series of contiguous Hdfmnd cunning way of attracting interest and disposal of their disadvantages, he said. According to the study by cunning available in terms of religious and non-religious they had, from the necessities of our age are considered. There are political and solve these problems depends on the existence of a standards and criteria for identifying legal trickery in order to correct the wrong answer. The present research is on legitimate expression of cunning distinction and explanation about Pzhvhanh loot the common gimmick in selling such contracts, Analysis marriage gift to the borrower rather than lender usury, Islamic Fqha’mzahb opinions gathered in these cases.

Public order is one of the most important legal entities that has a special status in the legal system of all countries. This institution has a very close relationship with the interests of the community, and even many lawyers have defined it in the public interest in defining public order. Since the benefits of relative concepts and the change of time and place change the concept. Therefore, the nature of public order is also variable and relative, and its territory is widespread and tight due to changes in social and economic conditions, and this relative nature of it causes a lot of discrepancies regarding the definition, the basis and the realm Public order has been made. It can be said that one of the most important and basic examples of public order is the establishment of order and security in society, or to prevent any chaos, violations, and crimes. Considering these issues, in this article the public order position in contracts is considered with an approach to international conventions.