A Comparative Study of the Basics and General Principles of Successive Contracts in Islamic Jurisprudence and Iranian and Western Law

Document Type : Academicm and Research

Author

Assistant Professor, Department of Private Law, Faculty of Humanities, University of Hazrat-e-Masumeh.

10.22091/csiw.2022.7486.2167

Abstract

Legal agreements in time-dependent matters are made in the form of a Successive Contract that has a time-oriented function. Consistent with this description, these contracts have significant substantive and procedural distinctions which help an independent type of contracts emerge based on legal analyses and justifications. The Iranian Civil Code does not specify these contracts in particular; however, due to the prevalence of several instances of successive contracts as specific and the need to analyze their legal criteria, a comprehensive study of these contracts seems necessary. Drawing on the relevant literature and recruiting a descriptive-analytical design, the present study seeks to (a) analyze the precise nature of the successive contracts and the role of time in them and (b) explain their most significant legal distinctions. Findings suggest that the necessity of time-passage for the fulfilment of the subject of a successive contract is the very distinctive substantive characteristic of such contracts. The need for normalizing successive contracts and highlighting their distinctions with instant contracts is then justifiable. The criterion would be helpful in determining the instances of successive contracts- whether known or unknown.
 

Keywords

Main Subjects

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Comparative Studies on Islamic and Western Law
Volume 9, Issue 4 - Serial Number 34
December 2023
Pages 303-330

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