A comparative study of the bases and characteristics of a possible contract in Iranian and British law

Document Type : Original Article

Authors

1 department of private law, kish international branch, islamic Azad university, Kish island, Iran

2 Department of Private Law, Islamic Azad university South Tehran Branch, Tehran, Iran

3 Department of Private Law، Islamic Azad University، Karaj branch، Karaj, Iran

4 Department of Private Law، , Islamic Azad university, North ،Branch ،Tehran Iran

10.52547/jlr.2023.229363.2364

Abstract

Due to social developments, possible contracts have many practical examples such as insurance contracts, pre-sale of artifacts, etc and are popular in the society. This contract is not defined in Iranian law and jurisprudence, and there is a difference of opinion regarding its nature and authenticity; Some jurists consider this type of transaction to be gratuitous and invalid, while others consider it to be a synonym of suspended contract, contract of chance, and forbearance contract. But this type of contract is accepted in English law and a contract that at least part of it is related to an emergency or possible situation. The effect of this contract is created separately at the time of the conclusion of the contract and the parties have mutual obligations, but the recovery of one of the parties to the contract or both parties due to the effect of the contract depends on luck and the profit and loss of the parties and its amount depends on a possible incident in the future. Nevertheless, despite the similarity with other similar contracts, the mentioned contract is different in terms of basics and conditions, and its characteristics are covenantal and continuous. It does not consider it effective and as a result the possible contracts are valid and valid.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 29 January 2024

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History

  • Receive Date: 28 November 2022
  • Revise Date: 13 May 2023
  • Accept Date: 29 May 2023

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