Document Type : research
Authors
1
Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran.
2
Assistant Professor, Department of Private Law, Islamic Azad University, South Tehran Branch, Tehran, Iran.
3
Assistant Professor, Department of Private Law, Islamic Azad University, Karaj Branch, Karaj, Iran.
4
Assistant Professor, Department of Private Law, Islamic Azad University, North Tehran Branch, Tehran, Iran.
10.22034/ejs.2024.484577.1964
Abstract
Background and Purpose: Background and Objective: The Iranian Civil Code does not define a contingent contract. However, there are examples of this contract in both the civil law and the common law. Legal writers disagree about the definition of a contingent contract. Given that the Iranian legal system is derived from jurisprudence, the aim is to examine the status of a contingent contract.
Materials and Methods: This research is theoretical and was conducted using a descriptive-analytical method.
Ethical Considerations: In the present study, the principles of trustworthiness, honesty, impartiality, and originality of the work have been observed.
Findings: Violation of the principle of the necessity of definitive determination of the consideration and, as a result, the irregularity of the transactions is the basis for doubting the validity of a contingent contract. However, there are examples of these contracts in Islamic jurisprudence that have accepted the status and principles of validity of a contingent contract.
Conclusion: Today, there are transactions in society where the definite determination and clarification of the compensation in contracts has the possibility of causing loss to the parties, and in the customary transactions, in order to ward off this possible loss, they inevitably postpone the determination of the compensation or compensation based on a fixed criterion to the future, and not only the custom and the parties to the transaction welcome these contracts, but some of these contracts have also been accepted by the law, such as accident insurance contracts. The custom does not consider the contingent contract as a gharar or does not consider it effective, and examples of contingent contracts are widespread among the people and exist in jurisprudence and law.
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