Advanced Journal of Management, Humanity and Social Science

Examining the General Rules of Contracts in Iranian and Common Law

Document Type : Original Article

Author

Nadia Parvareh

Master of Laws in Private Law Shafag Higher Education Institute, Tonekabon, Iran

10.5281/zenodo.16935839
Abstract
Contracts constitute the backbone of private law and commercial interactions, ensuring that individuals and entities can rely upon legally binding promises. This paper aims to examine the general rules of contracts in two distinct legal traditions: Iranian law, which is primarily based on the Civil Code influenced by Islamic jurisprudence and continental legal doctrines, and common law, which has developed through judicial precedent in England and later expanded in jurisdictions such as the United States. The comparative analysis highlights both convergences and divergences in key areas such as contract formation, validity, and consideration versus cause, performance, remedies, and doctrines of good faith. The research demonstrates that while Iranian contract law is deeply rooted in moral and religious values, emphasizing equity and good faith, common law reflects a pragmatic and case-based approach where judicial precedent and doctrines like consideration play a central role. Despite these differences, modern legal trends such as international trade law, UNIDROIT Principles, and the CISG have encouraged convergence between civil law and common law traditions. The paper concludes that comparative studies not only deepen understanding of domestic laws but also contribute to harmonization in global contract law.

Graphical Abstract

Examining the General Rules of Contracts in Iranian and Common Law

Keywords

General Rules
Contracts
Iranian and Common Law
CISG
UNIDROIT Principles
Subjects
Advanced Journal of Management, Humanity and Social Science
Volume 1, Issue 5
May 2025
Pages 336-351

Home

Editorial Board

Guide for Authors

Submit Manuscript

Contact Us