Study of Battle of The Forms in Iranian Legal System and Imamiyeh Fiqh

Authors

1 Professor of Law Faculty at Farabi Campus of Tehran University

2 Ph.d Student of Private Law at Farabi Campus of Tehran University

Abstract

The principles of speed, ease and security are among the principles in the area of business. Merchants always make attempts to provide means to pair these principles. One of these means is standard forms of contract. By using these forms, parties to the transaction don’t pay attention to the details. They agree on the basic issues and fundamentals of the contract including price and sales and basic qualities and characteristics, expressed in other terms considered to  these forms. Besides the significant benefits of using these forms, the forms, the issue arised is the conflict among provisions in the forms. Contracting parties in drafting their forms usually focus on the needs and interests of their survey and naturally incorporate provisions that will maximize their profits in forms. It will be usual and predictable that this isshe result in conflict between standard terms of contract so the merchant get involved to questions. The first one is that, if a contract is concluded, which terms governs the contract, and what is the contract content? The porpuse of this article is to answer the questions mentioned aboved in Iranian legal system and fiqh (Islamic Law). By consulting the articles and books, one may find that domestic and international legal systems attempt to provide a solution to this issue according to the needs of merchants. The main ones are first resort, last resort and waving rules. Because of the novelty of issue in Iran, the debate has not been done in a proper way. It seems in order to serve the purpose of this article we must examine general rules of contracts after the examination of imamieh fiqh as the base of Iranian law.

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History

  • Receive Date: 02 January 2016
  • Accept Date: 13 April 2016

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