Document Type : Research Paper

Authors

1 PhD student in the Department of Law (Private Law), Islamic Azad University, Tabriz branch, Tabriz, Iran

2 Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Ilkhchi Branch, Iran

3 Professor of Law Department, Faculty of Law and Social Sciences, Tabriz University, Tabriz, Iran

Abstract

The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is summarized in the contract and becomes a binding force as soon as it is created, to which the parties participating are bound by its provisions. In jurisprudence and Iranian law, the pacta sunt servanda is interpreted as the principle of the irrevocability of contracts. the pacta sunt servanda has been accepted in jurisprudence and Iranian law. The principle of irrevocability is different from that of the pacta sunt servanda. From 219 of the Civil Code, some have inferred the principle of irrevocability in the position of doubt in the revocability and irrevocability of contracts, and others have inferred the pacta sunt servanda of absolute contracts, both revocable and irrevocable. This article tries to identify the pacta sunt servanda in Iranian law, provisions, concepts, and sources and explain its differences with the principle of irrevocability and similar principles in Iranian law, jurisprudence, and foreign law

Keywords

Books
Emami, Seyyed Hasan, Civil law, vol. 1, Islamye Publications, 20th edition, 2000 (in Persian)
Bojnordi, Seyyed Mohammad Hasan, Jurisprudence rules, Volume 5, Dalil Ma Publications, 2003 (in Persian)
Jafari Langroudi, Mohammad Jaafar, Legal Terminology, Ganj Danesh Publications, 1989 (in Persian)
------, Laws of Obligations, Ganj Danesh Publications, 2019 (in Persian)
------, Expanded on Legal Terminology, Ganj Danesh Publications, 2018 (in Persian)
Hosseini Maraghi, Seyyed-Mir-Abd al-Fattah, translation and description of Al-Anaween, translation and description of Abbas Zeraat, first volume, Jangal Publications, 2013 (in Persian)
Al-Sanhouri, Abdul Razzaq Ahmad, Law of Obligations, translated by Mohammad Hossein Daneshkia and Seyyed Mehdi Dadmarzi, first volume, Qom University Press, 2012 (in Persian)
Shoareyan, Ebrahim, Torabi, Ebrahim, Principles of European Contract Law and Iranian Law, Farozesh Publications, 2019 (in Persian)
Shahbazi, Mohammad Hossein, Basics of irrevocability and Permissibility of Legal Actions, Mizan Publications, 2013 (in Persian)
Shahidi, Mehdi, Effects of contracts and obligations, Majd Publications, 2013 (in Persian)
------, formation of contracts and obligations, Majd Publications, 2019 (in Persian)
Sadeghi Moghadam, Mohammad Hassan, change of circumstances contract, Mizan Publications, 2016 (in Persian)
Safai, Seyed Hossein, General Rules of Contracts, Volume 2, Mizan Publications, 2014 (in Persian)
Allama Hali, Tadhkirat Fuqaha, Volume 11, Publications of Aal al-Bayt, 1414 AH
------, The Rules of Rulings on Knowing the Permissible and the Prohibited, Volume 2, Islamic Publications, 1992 (in Persian)
Ali (peace on him, Nahj al-Balagheh, translated by Mohammad Dashti, Jamkaran Mosque Publications, 2009 (in Persian)
Amid, Hassan, dictionary Farsi, Ibn Sina Publications, 1983 (in Persian)
Qasimzadeh, Syed Morteza, Summary of Contracts and Obligations, Justice Publications, 2019 (in Persian)
The Holy Quran (in Persian)
Katouzian, Nasser, General theory unilateral legal act -specific unilateral legal act, Daddgstar Publications, Spring 2017 (in Persian)
------, legal practices, publishing company, 2000 (in Persian)
------, General Rules of Contracts, Volume I, Publishing Company, 2018 (in Persian)
------, general rules of contracts, third volume, publishing company, 2002 (in Persian)
Mohaghegh Damad, Seyyed Mostafi, Jurisprudence rules of civil section 2, Samt Publications, 2019 (in Persian)
Mohammadi, Abolhasan, Rules of Jurisprudence, Mizan Publications, 2015 (in Persian)
Moin, Mohammad, dictionary Farsi, Parse Publications, 2017 (in Persian)
International Institute for Uniformity of Private Laws, Principles of International Commercial Contracts, translated by Ali Nouri, Ganj Danesh Publications, 2000 (in Persian)
Mousavi Bojnordi, Seyyed Mohammad, Jurisprudence Rules, orouj publishing house, 2001 (in Persian)
Naraghi, Ahmed bin Muhammad Mahdi, Awaed al-Ayyam in the statement of rules of ruls and munitions of halal and forbidden issues, first volume, Islamic Propaganda Office Publications, 1996 (in Persian)
 
Articles
 
Saman Asgari and Hadi Ehtashami, "Comparison of the theory of Frustration of contract with theories of Force Majeure, change of circumstances and Hardship theory of contract performance ", Journal of Islamic Jurisprudence and Law Studies, year 8, number 14, 2015 (in Persian)
Sadeghi Moghadam, Mohammad Hassan, Sheikh, Javad, "From restitution to rescission: a comparative study of the historical course of the recognition of the right of rescission and its basis in the legal system of Iran and the United States", two scientific research quarterly journals of civil law knowledge, 8th year, 1st issue, 2018 (in Persian)
Tousi, Abbas, "A review of the primary obligation in the common law legal system in the light of the consideration theory", Private Law Thoughts Quarterly, Year 1, Number 1, 2013 (in Persian)
Mohaghig Damad, Seyed Mostafi, "the principle of irrevocability in Contracts and Its Channels in Imami Jurisprudence", Shahid Beheshti University Faculty of Law Journal of Legal Research, Tehran, Nos. 11 and 12, 1993 and 1994 (in Persian)
Abdi-Pour fard, Ibrahim and Parhizgar, Abdul-Reza, "A comparative study of the principles of the pacta sunt servanda  with an emphasis on the theory of reliance ", Islamic and Western Law Research Quarterly, Year 2 - Number 4, 2014 (in Persian)
Alfat, Nematullah, "Evaluation of the theory of prediction of breach of contract from the perspective of Imami jurisprudence and Iranian law", Islamic Law Journal, 9th year, number 33, 2013 (in Persian)
Lotfi, Asadullah, "the principle of irrevocability", Jurisprudence Journal, Volume 4, Numbers 11 and 12, 1998 (in Persian)
Mohebi, Abolfazl, "Economic analysis of the guarantee of civil executions for breach of monetary obligations", Judicial Law Journal, No. 87, 2013 (in Persian)

Darai, Mohammad Hadi, " Doctrine of Frustration of Contract in English, American and Iranian Law (Comparative Study) ", Journal of Comparative Law Studies, Volume 6, Number 1, 2014 (in Persian)

Moghadari Amiri, Abbas, Asgari, Hikmatullah, " law jurisprudence review of Specific Performance obligation in Iranian law ", Islamic Jurisprudence and Law Research Quarterly, Year 11, Number 39, 2014 (in Persian)
Nematullahi, Ismail, "Introduction and criticism of conventional reliance theory", Journal of Comparative Law Studies, Volume 7, Number 2, 2015 (in Persian)
 
 
 
منابع انگلیسی
Cheshire, Fifoot and Furmston's Law of Contract (2012), Oxford University Press,
Hans Wehberg, »Pacta Sunt Servanda«, American Journal of International Law, Volume 53, Issue 4
Youngs, Raymond(2014), English, French & German Comparative Law, published  by Routledge,  2014  
John Bell, Sophie Boron and Simon Whittaker(1998), Principles of French law, Oxford University Press,
beatson, jack, Andrew, burrows, cartwright, john(2010), Anson’s law of contract, Oxford University Press
Rowan, Solene (2017) »the New French law of Contract«. International and Comparative Law Quarterly, 66 (4)