Adaptation of Ju'alah contract and international contracting contracts and feasibility of using Ju'alah contract in contracting contracts

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran

2 MA Graduate of Private Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

As societies evolve, new types of contracts emerge in response to changing conditions. Legal scholars typically adopt two approaches to analyzing such contracts: either they classify them within the framework of recognized nominate contracts or they consider them as innominate contracts under Article 10 of the Iranian Civil Code. One notable example of such modern agreements is the construction contract. Among the aforementioned approaches, the first—classifying new contracts under existing contract types—holds particular weight. The Civil Code of Iran recognizes the Ju'alah contract as a flexible and adaptable legal instrument. Given its characteristics, this contract may, in certain cases, serve as an alternative to conventional construction agreements. This study employs a descriptive-analytical method to explore the features, applications, and legal structure of both Ju'alah and construction contracts. The core question it addresses is whether Ju'alah can effectively substitute for construction contracts. The findings suggest that, in specific circumstances, the Ju'alah contract may indeed provide a viable legal framework for certain types of contracting relationships.

Keywords

Main Subjects

References

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