A Study of the Theory of Consideration in Iranian Law with a Look at British Law

Subject Areas : Political and International Researches Quarterly

Hossein  Tafvizi ¹ ()
Seyed Pedram  Khandani ² ()

Received: 2020-06-27 Accepted : 2020-06-27 Published : 2020-08-22

Keywords: Contracts, Necessity, Consideration, licenses,

Abstract :

Hossein Tafvizi[1] Seyed Pedram Khandani[2]   Abstract:   In Iranian law, the role of contracts in the binding aspect of contracts is not very specific, and this has caused concern among legal authors about the necessity and the permissibility of contracts. However, whether there is a logical relationship between the non-exchangeability of a contract and the contractuality of the contract, and the necessity of that contract, is the subject of this article. In contrast, in English law the contract is generally recognized as valid and necessary in two respects. The first being formal and impor- tant, and the second being to back it up, since the principle is that the contracts are non-formal, in English law, instead, it has a decisive role in distinguishing binding contracts from mere promises. Therefore, if the theory of change is accepted in Iranian law, it can be one of the complementary rules in interpreting private contracts and determining the obligations of the parties. [1] PhD Student in Law, Islamic Azad University, Branch, [e-mail] [2] Professor, Faculty of Law, Islamic Azad University, Karaj Branch, [e-mail]