A Comparative Approach to Contingent Contracts in Iran and England Law

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Humanities, Islamic Azad University: SouthTehran Branch, Tehran, Iran. Corresponding Author Email: jnourshargh@gmail.com

2 PhD Candidate, Faculty of Law, Islamic Azad University: Kish International Branch, Kish, Iran

3 Assistant Professor, Faculty of Law, Islamic Azad University: Karaj branch، Karaj, Iran

4 Assistant Professor, Faculty of law, Islamic Azad university: North Tehran branch, Tehran, Iran

10.52547/jlr.2023.229363.2364

Abstract

Due to social developments, contingent contracts have many practical examples such as insurance contracts, pre-sale of goods and etc which are popular in the society. This contract is not defined in Iranian law and jurisprudence and there is disagreement regarding its nature and authenticity. Some jurists consider this type of transaction to be invalid, while others consider it similar to suspended contract, contract of chance and forbearance contract and some others only assume examples like buying and selling not picked unripe fruit as valid contract. But this type of contract is accepted in England law that is a contract which at least part of it is related to an emergency or probable situation. The effect of this contract is created definately at the time of the conclusion and the parties have mutual obligations, but parties' advantages of contract effects depends on luck and their profit and loss as well as its extent relates to a possible incident in the future. Nevertheless, despite the similarity with other equivalent contracts, the mentioned contract is different fundamentally and its characteristics are covenantal and continuous nature. "Gharar" is a conventional concept and the custum does not consider this contract's Gharar effective. Therefore contingent contracts shall be assumed correct and valid.

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References

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History

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

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