Role of Custom in Contract Principles: Approaching towards Iranian Law

Mehdi Pirhaji, Mohammad Reza Eskandari-Pudeh


In 1928, Iranian legal system became closer to the Roman-Germanic legal system, though this closeness did not imply ignorance of Islamic Law. The codifiers of Iranian Civil Code adopted the section of ‘Contracts and Obligations’ from French Civil Code and Roman-Germanic Law and formulated it with regards to Islamic Law and jurisprudence. So the Contract Law became close, in form, to Roman-Germanic Law (French Law), while in terms of content, it was coordinated with the Islamic Law. In Iranian Civil Code, no separate section is devoted to the contracts law and most of the legal Articles which are related to the contracts are discussed under the category of ‘Contracts and Obligations’ from Article 183 onwards. This paper deals with the definition of custom and its different types, its status in Iranian rules, and interpreting contracts based on the custom. It will also illuminate the status of custom within the scope of contract in Iran. Additionally, this paper will find an answer to this question whether or not the judges can refer to different meanings of custom for interpreting the contracts. The data gathered for this research is of library type and the research method is analytical. The objective of the study is removing the ambiguities of contract law in order to fully understand the concept of contract law and custom in Iranian contract law.

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Asian Social Science   ISSN 1911-2017 (Print)   ISSN 1911-2025 (Online)

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