Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The basics of the obligation to provide information in the contractual relations of individuals in Iranian and English law

Document Type : research

Authors
1 PhD student of private law department, Shiraz branch, Islamic Azad University, Shiraz, Iran
2 Assistant Professor, Department of Private Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
10.22034/ejs.2024.434115.1663
Abstract
Background and Aim: contractual relations between persons require accurate information and knowledge of the parties to the contract. The purpose of the current research is to examine the basics of the obligation to provide information in the legal system of Iran and England.
Materials and Methods: The method of the current article is comparative and the research tool is a library.
Ethical Considerations: In writing this article, the authors have considered document referencing and trustworthiness.
Findings: Under the obligation to disclose contractual facts in common law, we believe that the theory of obligation to inform in the contractual relations of documented persons has been included according to the judges' opinions in common law and contractual relations in England. Based on some jurisprudential rules in Iran's contract law, such as resorting to legal jurisprudence (maqasadlam yaqe, mawaqaa lam yaqsad); Prohibition of falsification of transactions and rule of harmless principle and prohibition of abuse of right and documenting the principles of cooperation and good faith in contracts and paying attention to customary-economic procedures governing transactions, we can establish the obligatory bases of obligation to provide information in Iranian law. to introduce
Conclusion: The general rules of contracts in the field of economic and commercial jurisprudence are not enough in terms of creating obligations for the parties, and the two legal systems of Iran and England consider it necessary to provide information based on some bases. In order to improve the legal conditions of individuals' contracts in Iran, we need them to be based on the obligation to provide information, if they are not against the law.
Keywords
Subjects