Comparative Analysis of the Parol Evidence Rule in Iranian and US Law

Document Type : Academicm and Research

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Assistant Professor at the Law and Political Science Faculty, University of shahid madani

10.22091/csiw.2025.11079.2570

Abstract

Determining the final text assignment between the parties oral and written agreements is a complicated matter that affects the rights and duties of the parties. However, due to the long duration of negotiations and sometimes the spread of agreements in different written texts or the existence of some oral agreements, determining the full and final contract text will face some problems. Therefore, it is necessary to determine the rights and duties of the parties and a framework for determining in the case of different texts or differences between written and oral agreements. at the end of this article which is done as descriptive - analytical, it will be found that according to the rule, it is assumed that the written text of the full and final text is agreed by the parties except in some cases such as fraud, mistake, custom and some cases. In addition, if there is a merger clause in the contract, the courts are obliged to consider the text as the final text and only in cases which are not stipulated in the contract or in their statements in the principle of condition (fraud, mistake) refer to other written texts and oral agreements.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 18 February 2025

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