Social developments in the concept of contract with an approach to the Iranian legal system

Document Type : Original Article

Authors

1 . Student of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

2 Associate Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran

10.30510/psi.2022.301312.2189

Abstract

The contract is one of the most important legal institutions that has existed for a long time in the history of mankind, and it can be said that the norms related to it are among the oldest legal norms. Thus, the history of the evolution of legal systems is directly related to the evolution of related legal norms in different legal societies and cultures and different forms of government. The most important legal and judicial developments of the present era can be attributed to the formation of social rights in the last decades of the 19th century. The main question of this research is whether it is possible to believe that the legal entity of the contract is affected by non-legal factors? In response, it seems that the contract as a social institution can also be affected by non-legal factors. It seems that the contract has elements that have undergone changes in each system, which we will discuss in this article in a descriptive-analytical manner. As a result, it can be said that the institutional contract is not purely legal and can not be viewed with a positivist approach and has witnessed changes under the influence of social factors.
Keywords:
Contract, evolution, rule of will, normativeness, realism

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 2526-2538

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