Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Impact of Behavior of Contracting Parties on Iranian Law and European Principles of International Contracts and Documents

Document Type : research

Authors
Mohammad gholizadeh 1
Soheil Taheri 2
Alireza Mazloum Rahani 3
1 PhD student, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
2 PhD Student, Department of Private Law, Shahr-e-Qods, Islamic Azad University, Tehran, Iran.
3 Assistant Professor of Law Department, Shahr-e-Qods, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.468682.1881
Abstract
Background and Purpose: Mediation and resolving people's disputes is one of the most important ways of restorative justice, decriminalization and reduction of court cases. Based on this, the aim of this article is to examine the jurisprudential foundations of the institution of mediation in Islam.
 
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
 
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
 
Findings: The findings showed that verses and hadiths, reason and consensus are the most important foundations of jurisprudence for the institution of mediation in Islam. In retribution and punishment, as well as in limited crimes related to the rights of people, such as adultery and theft, before filing a complaint with the ruler, mediation can also be done with the plaintiff, but in the Iranian legal system, mediation is only focused on criminal crimes.
 
Conclusion: The result is that in Iran's legal system, mediation has become less important only for Taziri crimes. The legislator's position in Article 82 of the Criminal Procedure Law and assigning mediation to Taziri crimes of degrees 6 to 8 has no Sharia basis and lacks necessary justification.
Keywords
behavior
contract parties
expression of will
contractual obligations
contract interpretation
Subjects
Strategic Studies of Jurisprudence and Law
Volume 5, special issue - Serial Number 5
Studies of economic jurisprudence
Summer 2023
Pages 567-582