Examining and explaining the application of the Awad rule in Iran's civil rights

Document Type : Original Article

Authors

1 PhD student in Private Law, Emirates Branch, Islamic Azad University, UAE, Iran.

2 Assistant Professor, Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

Abstract

Abstract
In Iranian law, the role of Awad in the binding aspects of contracts is not very clear. However, from the inductive study of certain contracts, it is concluded that in most cases, there is a logical relationship between non-compensation and the permissibility of a contract and compensability and the necessity of that contract, which implies a kind of harmony between Iran's legal system and Awad theory. What our goal is to investigate such an issue is actually the discussion about the role of the appraiser and the appraiser in the necessity of licensing contracts. In other words, we will look for an answer to this question whether the necessity and validity of the contracts will depend on the change of the contract or not?
Therefore, if the Awad theory is accepted in Iranian law, it can be effective as one of the supplementary rules in interpreting private contracts and determining the obligations of the parties.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2563-2584

Files

Share

How to cite

Statistics