Analysis of the legal nature of the "take or pay" obligations and its validity in the legal system of Iran and Shiie jurisprudence

The subject of this article, is take or pay obligation. Take or pay is an obligation which the buyer is committed to pay the price to seller, Whether or not he was ready to receive the sales. Accordingly, in this paper, using a descriptive and analytical method, and reviewing existing theories, we critisize them, the nature of this matter was extracted. The nature of the subject is sale an object with general description which also contains the two corollary terms suspended and the surveys show that, in Iranian legal system, there is no credible and strong opposition. In contrast, in Islamic law, although according to some opinions that even celebrities, the validation is opposed, but one could say, first, there was no consensus on the lack of aproval in this regard, Second, the views of some jurisprudents provide a basis for justifying this kind of contract. - - - - - -