“good faith” as one of the ethical rules has found an important position in contract law. in many countries, good faith is regarded as a mandatory rule to be respected in formation, performance and interpretation of contracts. good faith is a fundamental principle in almost all civil law countries. this article deals only with good faith in formation of contract. the duty to observe good faith ...

the condition is related to future and occurrence or undertaking decline depends upon it. not only that matters which aresigned in the contract are necessary to fulfill,but some matters requires approval by both parties according tonorms, situations and rules. predeterminedconditions are examined deeply in imamiyeh jurisprudence and they have to be discussed to evaluate the contractin advance. ...

This article aims to study lease and hiring contract in the Iranian-Islamic setting and analyze the asymmetric information problem in these contracts. For doing this, we study the characteristics of lease and hiring contracts in Iran (real world experimental characteristics that recognized in other studies), using library method, then we mathematically model different aspects of asymmetric info...

deep economic and social developments in two recent centuries beside other important alterations, created important changes in contracting aria among them placing weak and strong parties against each other in contracts. freedom of contract, that before enjoided from some kind of sancity,could not provid contractual justice in this new conditions. therefore adjustment of this tool(contract) in a...

external effects or opposabilité is a legal subject that some legal authors of france take advantage of which for clarifying the scope of the doctrine of the privity of contract and as a complementary principal. the use of the foresaid term does not go back to a long way and there is still a dispute over its bases. because the doctrine of the privity of contract is adapted from the civil code o...

if the agent, who has the right to appoint a proxy, exercises his right and appoints another person for pursuing the subject of agency, the appointed person is not the agent of the appointer; rather, he is regarded as the indirect agent of the client. therefore, if the object of agency is conclusion of a transaction contract and the indirect proxy concludes it, that [contract] belongs to the cl...

nowadays in commercial contracts, parties communicate with together using standard forms. both the party's standards forms usually contain a description of the subject-matter, the price, the quantity and the delivery terms. such a situation is called the battle of forms. in such a case some questions are raised. does the exchange of the conflicting forms create a contract? if so, what are ...

Lawrence Cunningham’s Contracts in the Real World offers a good starting place for necessary conversations about how contract law should be taught, and, more generally, for when and how cases—in summary form or in longer excerpts—are useful in teaching the law. This Article tries to offer some reasons for thinking that their prevalence may reflect important truths about contract law in particul...