Examining the nature of the storage contract by comparing to the Principles of European law on service contracts and Iranian law

Document Type : Academicm and Research

Authors

1 Department of Law, Neyshabur Branch, Islamic Azad University, Neyshabur, Iran.

2 Associate Professor, Department of Private Law, Ferdowsi University of Mashhad, Mashhad, Iran.

Abstract

Service contracts are identified as a special group of contracts in two documents of the principles of European law on Service Contracts and Draft common frame of reference.

The storage contract is one of the types of service contracts with many applications, which are used in the field of commercial affairs as well as people's daily affairs at the community level. According to this contract One party, storerو undertakes to storage the thing for the other party, storee , in exchange for remuneration. The purpose of writing this article is to identify the nature of storage contract in Iranian law by applying the principles of European law on service contracts.

Therefore, by comparing the nature of this contract with nominate contracts that have a similar structure to the above contract, It was determined that the storage contract due to the features that the above documents provide for it, despite the existence of some similarities, has fundamental differences with nominate contracts, therefore, this contract cannot be considered as nominate contracts provided in the laws of Iran. therefore, by using the principle of sovereignty of will and freedom of contracts, it should be considered among innominate contracts and Article 10 of the Civil Law.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 23 February 2025

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