To be Reasonable as a Legal Principle in Contract Law

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QANAVATI JALIL; Heydari Mojdeh; KARIMI HOSSEIN

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Journal: Journal of Comparative Law Year:2020 | Volume:15 | Issue:2 (112) Page(s): 269-307

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Title

To be Reasonable as a Legal Principle in Contract Law

Author(s)

QANAVATI JALIL | Heydari Mojdeh | KARIMI HOSSEIN | Issue Writer Certificate

Keywords

ReasonablenessQ1

Legal PrincipleQ1

Contract LawQ1

European LawQ1

Iranian LawQ2

Abstract

Nowadays, reasonability has played an important role as one of the Legal Principles in European Contract Law. This rule is recognized as one of the most important principles of the Contract Law because of wide usage in many international documents such as Convention on International sale of Goods, principles of European Contract Law and proposed common law of European trade. Reasonableness means that what a normal person does in a similar situation which has wide effects in concluding, enforcing, and interpreting a contract, and complementing and limiting the rules of contract. By considering international documents and Iranian Law, we find that Reasonableness in Iranian Law, unlike European Law, is not recognized as a well known Legal Principle. However, with the establishment of Reasonableness examples in Iranian Law and also with the confirmation of the rules of transactions in sharia and the approval of conventional procedures in most cases, especially the great importance of custom and habit, the question arises whether in Iranian Law like International documents reasonability is recognized as a Legal Principle. In this article, we consider this question.

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APA: Copy

QANAVATI, JALIL, Heydari, Mojdeh, & KARIMI, HOSSEIN. (2020). To be Reasonable as a Legal Principle in Contract Law. COMPARATIVE LAW (NAMEH-YE MOFID), 15(2 (112) ), 269-307. SID. https://sid.ir/paper/363439/en

Vancouver: Copy

QANAVATI JALIL, Heydari Mojdeh, KARIMI HOSSEIN. To be Reasonable as a Legal Principle in Contract Law. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2020;15(2 (112) ):269-307. Available from: https://sid.ir/paper/363439/en

IEEE: Copy

JALIL QANAVATI, Mojdeh Heydari, and HOSSEIN KARIMI, “To be Reasonable as a Legal Principle in Contract Law,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 15, no. 2 (112) , pp. 269–307, 2020, [Online]. Available: https://sid.ir/paper/363439/en

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