A Study of Legal and Jurisprudential Implications of Theory of Legal Addresses in Transactions

The theory of legal addresses is one of the novel Usuli theories introduced by Imam Khomeini. It sets forth a framework for enactment of Sharia rules, according to which the general addresses on Sharia law are made to create law, although they lack such requirements as power and knowledge. Since the theory has deep impacts on various jurisprudential arguments, this study intends to investigate it from various aspects and scrutinize the secondary principles in transactional jurisprudence in order to rethink the theory’s impacts on transactions. This is to analyze the compatibility or incompatibility of these impacts with the Iranian civil laws and jurist views. The results of this study prove the applicability of this theory in various important issues related to transaction such as ascertainment of option in revocable contracts, validity of rent agreement vis-à-vis adequate excuse and the need to examine ownership of properties with unknown owner.