In Iran's civil law, contrary to the background and history of multiple and jurisprudential theories about the ruling of transaction by conduct in various contracts, the validity of the latter, including sale is inferred from articles 191 and 193, and explicitly from article 339 which removes any doubts about the capability of creation of transactions by conduct. This general rule has been excluded only in nominated Endowment and Marriage contracts. However, in some cases, including in the case of serious, high-value, and large-scale transactions, this rule requires investigation and research to understand whether it is possible to be satisfied with the mentioned way in such contracts as well or not. What emerges from the appearance of the civil law is that according to article 339, after mutual agreement between the seller and the buyer in respect of the object of the bargain and its price, the sale is concluded by offer and acceptance "literally" or by exchange "conductively". After contracting sales, one of its effects which is ownership, will be created. But in this article, with deep analysis and reflection on the sources of Iranian law, its jurisprudence, and philosophy, the important role of custom in correcting transactions by conduct, as well as the foundation of rationality and legal practice, such a claim is found to be irrational. It will be proven that in high-value sales, contracting by conduct is not sufficient. The parties must make a verbally explicit offer and acceptance so that the mentioned transaction gets legal validation.
Karimi suq, A. and Dadmarzi, S. M. (2025). The Validity of Transaction by Conduct in High-Value Sale. Legal Research Quarterly, (), -. doi: 10.48308/jlr.2025.238817.2855
MLA
Karimi suq, A. , and Dadmarzi, S. M. . "The Validity of Transaction by Conduct in High-Value Sale", Legal Research Quarterly, , , 2025, -. doi: 10.48308/jlr.2025.238817.2855
HARVARD
Karimi suq, A., Dadmarzi, S. M. (2025). 'The Validity of Transaction by Conduct in High-Value Sale', Legal Research Quarterly, (), pp. -. doi: 10.48308/jlr.2025.238817.2855
CHICAGO
A. Karimi suq and S. M. Dadmarzi, "The Validity of Transaction by Conduct in High-Value Sale," Legal Research Quarterly, (2025): -, doi: 10.48308/jlr.2025.238817.2855
VANCOUVER
Karimi suq, A., Dadmarzi, S. M. The Validity of Transaction by Conduct in High-Value Sale. Legal Research Quarterly, 2025; (): -. doi: 10.48308/jlr.2025.238817.2855
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