A comparative study of the nature of the option agreement in the legal system of Iran and the United States

Document Type : Original Article

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Abstract

In economic markets today, in order to reduce risk and flexibility and the ability to attract liquidity, tools called derivative financial instruments are used, which due to their novelty in some legal systems, there are doubts about their nature and legitimacy. This study intends to investigate the gambling nature of the option contract as one of the most important derivative financial instruments in the two legal systems of Iran and the United States with a comparative and descriptive-analytical approach. Examining the features and nature of the option contract on the one hand and the features and characteristics of being a gambler in the Iranian and American legal systems on the other hand indicates that the suspicion that the option contract is gambling is not acceptable. It should also be noted that the risk in the option contract is different from the risk of gambling, as the risk in gambling is artificial and avoidable, while the risk of price changes is a commercial and real risk.

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