Background and Aims: Contract custodian institutions are created as an institution dependent on the contract in many legal relationships due to the impossibility of the exact meeting of the prescribed and legal conditions in the form of contractual conditions and sometimes certain specific contracts, which requires discussion and investigation from the perspective of jurisprudence and law.The purpose of this article is to examine legal jurisprudence on the institutions that protect the contract.
Materials and Methods: The present article is Theoretical and descriptive and analytical, and data collection was used in data collection.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: There is no institution known as contract custodian institution in Iranian jurisprudence and law, and it is derived from western law. However, it has long been the focus of jurists and jurists, and the emergence of new legal and judicial issues and titles has increased its importance, and as an institution dependent on the contract in many legal relationships, due to the impossibility of exact meeting of the prescribed and legal conditions. or due to the non-compliance of certain contract models in the form of contractual conditions and sometimes certain specific contracts in the form of leases with the condition of acquisition, leasing and sale of immovable property and the conditions of the reservation of ownership and the condition of non-transfer of non-property and denial of transfer of non-property in the form of pre-contracts The sale of buildings and common property.
Conclusion: Since the institution of contract custodian does not conflict with the rules of jurisprudence and laws of Iran, and according to Article 10 of the Civil Code, the contract between the parties is recognized as valid based on the consent of the parties, so the acceptance of the institution of contract custodian is not prohibited in Iranian jurisprudence and law.