Effectual Factors in the Determination of the Exigency (Obligation or Requirement) of Contracts

This research aims to codify and organize the effectual factors in the determination of the exigency of contracts. Firstly, primary object of the research relating to contracts and literal meaning of the exigency has been presented and subsequently to access a discipline and logical rule we have divided contracts into nominate and innominate contracts. In nominate contracts with regard to the results of the survey what is acceptable in nominate contracts as a source and reference for the determination of the exigency of contracts is social custom and statute (law) and Islamic law and indications of terms cannot be used for the determination of the exigency of contracts. But the nominate contracts are divided into what popular in custom and what have no precedent. In the well-known (conventional) contracts, recognizing the exigency is public custom and law scholars have strengthened this attitude and contracts with no precedent the main source of the determination of the exigency of contracts is the common intent of two parties in making contract if the jurisprudential-legal issues create no problems but if it does not, the custom torch should be used for guidance and enlightenment.