Determination and Specification of Contractual Matters in the Time of Conclusion

Among the legal systems, there isnt any country, that validates an agreement which has unknown subject-matter and is concluded with ambiguity. This consensus among civilized legal systems goes deferent ways with the question that how ambiguity of contract will be assessed. Some of them, such as common law countries, have liberal approach; but in Iranian legal system the minimum of ambiguity can lead to invalidation the contract. In this legal system, there is two related term for the subject: determination and specification of all matters that lays in domain of an agreement. We suggest that determination, per se, cant assess the ambiguity of contract, except we’d got another element in the assessment: enforceability of the contract. Also we got the meaning of Qarar in Sharia Law for specifications of subject-matter of the contract. This approach can help us to observe domestic and international customs and uses, in the field of contract law.