1
Ph.D. student of Private Law, Ares Campus of Tehran University, Tehran, Iran.
2
Professor of Law Department, Farabi Campus, University of Tehran, Tehran, Iran.
3
Assistant Professor, Department of Law, Farabi Campus, University of Tehran, Tehran, Iran.
10.22034/ejs.2023.422075.1582
Abstract
Background and Aims: Contracts are very important tools for regulating business relationships and reducing the risks associated with it. Due to the importance of contracts, it is necessary to be careful in setting them up and consider the key terms and conditions to protect your interests. The purpose of this article is the terms effective on risk management in contracts. Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative and Materials and data are non-qualitative. data collection has been used in the collection of materials and data. Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected. Findings: The condition of obligation to compensate contractual damages, the condition of exemption from liability and the condition of force majeure, the change of circumstances and the condition of contract adjustment, the condition of paying the price in currency or gold, the condition of the governing law and the condition of insurance are among the most important conditions affecting risk management in contracts. Contractual allocation of risk based on the principle of contractual freedom and considering the preferences and limitations of the parties in maximizing contractual returns is considered the most effective and efficient method of allocation. Conclusion: Since the source of risk is a set of certain events or conditions that alone or in combination with other elements cause uncertainty or risk and as a result, effects are actualized that lead to unexpected deviations in the goals of the contract, including profit. or losses, therefore, effective terms on risk management in contracts can lead to risk reduction and help the stability and continuity of contracts.
Sadeghi,S. , Bariklou,A. and Azarbaijani,A. (2023). Conditions affecting risk management in contracts. Strategic Studies of Jurisprudence and Law, 5(special issue), 791-808. doi: 10.22034/ejs.2023.422075.1582
MLA
Sadeghi,S. , , Bariklou,A. , and Azarbaijani,A. . "Conditions affecting risk management in contracts", Strategic Studies of Jurisprudence and Law, 5, special issue, 2023, 791-808. doi: 10.22034/ejs.2023.422075.1582
HARVARD
Sadeghi S., Bariklou A., Azarbaijani A. (2023). 'Conditions affecting risk management in contracts', Strategic Studies of Jurisprudence and Law, 5(special issue), pp. 791-808. doi: 10.22034/ejs.2023.422075.1582
CHICAGO
S. Sadeghi, A. Bariklou and A. Azarbaijani, "Conditions affecting risk management in contracts," Strategic Studies of Jurisprudence and Law, 5 special issue (2023): 791-808, doi: 10.22034/ejs.2023.422075.1582
VANCOUVER
Sadeghi S., Bariklou A., Azarbaijani A. Conditions affecting risk management in contracts. SSJL, 2023; 5(special issue): 791-808. doi: 10.22034/ejs.2023.422075.1582