Lawful-Judicial Survey of the Nature and Descriptions of Barter Contract

Subject Areas : Private law

yasser abdi ¹ , morteza nasiri ² , morteza nasiri ³ , Morteza Shabazinia ⁴ , fakhroddin Asghari ⁵

1 - دانشگاه مازندران
2 - دانشگاه تربیت مدرس
3 - دانشگاه تربیت مدرس
4 - دانشگاه تربیت مدرس تهران
5 - دانشگاه مازندران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: lawful, nature, jurisprudence, Barter contract, Descriptions,

Abstract :

Barter contract is the method of conditional import of goods or services for exporting them and their exchange instead payment of foreign exchange. Based on new international trade agreements, barter agreements are not included in the jurisprudence discussion however, there is the same legal entity for the nature and description of barter trade in jurisprudence and domestic law. This article, with study in same legal entity, also refers to the jurisprudence which justifies this problem and concludes that one of the contracts listed in article 10 of the civil code is sufficient for necessary and validity of the contracts. On the other hand, with regard to the nature of barter contracts, it can be referred that descriptions such as common purpose, a composite contract, necessity, unconditional and valuable consideration as the same descriptions in barter contracts.