There are few documents written in Elamite language from the Old Elamite Period. Nevertheless, there are some 600 hundred legal documents from Susa of the Sukkalmah Period that provide us with direct evidence of Old Elamite social, economic and legal life. The present essay will study two contracts regarding commercial transaction in Old Elamite Susa; special attention is given to the form and content of these documents. A comparison with the nearly contemporary Laws of Hammurabi opens new perspective for comparative study and raises new questions regarding the cultural contact and shared common law between Elam and Mesopotamia. The cuneiform documents show the concern of the creditor who wants to save himself from all the risks involved in a commercial journey by putting the whole responsibly on the traveling merchant. The laws of Hammurabi, however, rule that in the case of enemy attack, i. e., force majeure, the traveling merchant is not to be held responsible. The documents furthermore, shed light on the economic role of the temples.

In the case of risk allocation in public-private partnership (PPP), the aim is to investigate how risk is allocated in these contracts. After explaining the concept of public and private partnership and its types, by examining related sources, risk and similar concepts, types of risks and methods of identifying and evaluating them were discussed. Then, risk allocation and similar concepts for risk management and standard terms of risk allocation were discussed. Then, the philosophy of risk allocation and its goals, the principles governing risk allocation were discussed, and the limitations that exist in this regard are among the issues that have been considered in this article, clarifying which of these sections taking risk is one of the principles of risk allocation However, allocation does not prevent them from helping each other reduce risk

In banking partnership contracts, economic activity takes place between the bank and the customer. In this activity, the bank seeks to bear less risk, and what is implemented in banks as these contracts is different from what the legislator has called partnership. In order to achieve their goal, which is to reduce risk for their own benefit, banks sometimes include conditions that are contrary to the essence of the partnership contract, that is, conditions that conflict with the customer's real intention, in the partnership contract, and sometimes they upset the balance of the contract by adding unfair conditions that apparently follow the principle of correctness and are concluded based on correct contractual principles, but inwardly they are considered imposed conditions and the customer has inevitably agreed to accept them. Therefore, the acceptance of such conditions by the customer undermines the principle of justice and creates distrust between economic actors and banks, and as a result, corruption in the monetary and banking system. Therefore, it seems that banks do not have the structural and functional capabilities in accordance with Islamic and legal requirements. The present study, by examining the raised objections, examines these conditions and their examples in banking contracts and offers solutions to improve and overcome the current situation in banking partnership contracts. For example, instead of including conditions that are contrary to the nature of the partnership contract or unfair conditions in banking partnership contracts, by specializing banks that have the ability to monitor and perform better in these contracts in these areas, and by phasing the allocation of profits in partnership contracts, the risk of banks is reduced and the banking model is improved in this regard

The public sector has always sought to attract the private sector to partnership in the construction of infrastructure projects. The process of partnering in developed countries have less problems, while in developing countries, it faces with more serious barriers and problems. In these countries, including Iran, in spite of the proper initial reception, numerous complexities and challenges have affected project performance and also continuity partnership. This research was performed to identify the factors of environmental complexity of the projects involved public and private sectors in build, operate and transfer contracts (BOT). Multiple case study strategy was used for deep study of freeway projects. Each case was studied in detail and then the research data were analyzed by grounded theory strategy. The main product of this research is the paradigmatic model of the pathology of freeway partnership projects. In this model, the axial phenomenon was identified the private sector's dissatisfaction duo to uncertainties in cost, time and revenue of the freeway. The causal conditions were found the economical, political, and legal instabilities along with the cultural and social challenges in project environment. Context conditions were identified such as mismatches in the rules, contractual weaknesses, banking system, and finally, immaturity. Intervening conditions were obtained such as the lack of suitable market for investment projects, the influence of powerful institutions, lack of commitment and lack of a national transportation plan. According to this research, the most important outcomes of complexity were obtained increased distrust and increased ambiguity of return on investment.

In recent years there has been much debate about the effects of the introduction of Central Bank Digital Currency on the economy and whether cash should be phased out. Many central banks have already started deciding whether to introduce their own CBDC. If the Central Bank of the Islamic Republic of Iran decides to issue a comprehensive CBDC; Questions are raised, the most important of which can be considered the extent of the influence of the Central Bank Digital Currency on Islamic banking based on Sharia contracts. In the present research, it has been tried to investigate this effect, at first, a different analysis of the Central Bank Digital Currency release has been done. In the following, several principles of CBDC design have been selected and classified and evaluated using the SWOT matrix. The results of the SWOT matrix indicate the necessity of using an aggressive strategy as the main strategy in issuing CBDC. Based on the main strategy of the research, 6 sub-strategies were chosen to give the attractiveness score in the QSPM quantitative matrix. The results of the QSPM matrix indicate that the best aggressive sub-strategy to design the CBDC in such a way as to have the highest beneficial effect on partnership contracts in Islamic banking. The retail Central Bank Digital Currency design strategy is account-based and using diversification. Issuance of retail Central Bank Digital Currency that is account-based and using it, which has programmability and precise tracking, and will also be used by all economic actors. It is possible to replace a bank in the banking network and increase the coefficient of correct execution of Sharia contracts.

According to researchers, one of the main factors that prevent the widespread use of cooperative contracts by Islamic banks is the existence of moral hazard in the relationship between the bank and the recipient of the facility. The existence of the problem of moral hazard has caused non-participatory financing with fixed returns to find an important place in Islamic banking and these types of contracts are preferred over partnership contracts. Despite the various solutions that have been presented to solve this challenge, the challenge of moral hazard is still considered as an important obstacle in the implementation of partnership contracts. In this research, it has been tried to use an internal solution based on Islamic jurisprudence to regulate partnership contracts to manage moral risks. In the model of the proposed contract, the capital owner, by giving up his share in exchange for a certain amount of the final product, clearly motivates the agent to work harder and removes the bias

As the public sector debt has increased over the past few decades, the importance of using the capacities of the private sector is noticed more than ever; However, operationalizing a public-private partnership contract requires an appropriate legal basis depending on the subject of the partnership and the form of contract. Although, in some cases, the legislator has pointed out the government’ s duty, in general and temporarily, to make use of public-private partnership in Iran, the problem of choosing an appropriate form of such partnerships is still existing regardless of the existence of jurisprudential origins of these kind of contracts. Even though the totality of the partnership contracts refers to the partnership contract in jurisprudence, in some cases it moves away from partnership contract and approaches subjects such as persons’ rent and contract of reward (Ja'alah). Even if in the current Iranian legal system, there are opportunities for making use of a variety of civil partnership and service contracts for public-private participation, this research and its findings show that construction contracts, operation, transfer (BOT) are the most appropriate form for such partnerships.

Despite the emphasis on the importance of partnership contracts in the economic literature, especially Islamic economics, the share of these contracts in the total facilities of the Iranian banking system has decreased in recent years. This indicates the existence of fundamental problems in the implementation of these contracts. Problems that have caused the central bank of Iran to recommend that the banking system turn to non-participatory contracts. Due to the importance of using real participation in the allocation of financial resources, this study with analytical-descriptive method and using the provisions of a sample of existing lawsuits in this field and reviewing existing studies, examines the problems of using partnership contracts in the banking system and Has provided the institutional innovations needed to address them in Iran. In this regard, the existing problems in arranging partnership contracts in the Iran banking system have been identified. The results show that financial dominance management, increasing the central bank's authority in supervision, organizing the customer credit rating system and the relationship between the bank and the firm, developing investment banking, using the capacity of official judicial experts, reducing the risk of paying facilities, updating the law on interest-free banking. Creating unity of procedure in the format of arranging contracts and calculations related to facilities, improving the staff training system and creating diversity in bank documents have been introduced as the most important institutional innovations needed to solve the existing problems. So, it is suggested that these institutional innovations be seriously included in the agenda of banking network managers.

The issue of guaranteed and imposed conditions in civil partnership and mudarabah contracts remains a subject of debate and divergence both in Islamic jurisprudence (fiqh) and in statutory law. Consequently, legal scholars and jurists, relying on various theoretical foundations, have proposed different perspectives to clarify and justify this matter. In addressing the question of how conditions affect these two types of contracts, this study employs a descriptive-analytical method to examine the views of experts and endeavor to analyze and elucidate the principal opinions in this field.To this end, principles such as proportionality in determining the partners’ shares, the dependency of profit on guarantee, and the distinction between mutually agreed conditions and imposed conditions have been utilized as the theoretical framework for analysis. Ultimately, although the Civil Code considers the profit guarantee clause in mudarabah and civil partnership contracts to be non-binding, the acceptance of mechanisms such as reconciliation or transfer of rights in favor of the beneficiary party has expanded the scope of validity for imposed conditions.Meanwhile, if the Law on Interest-Free Banking Operations is regarded as the latest legislative intent, it can be interpreted as a specification of Article 575 of the Civil Code, whereby the expected profit is accepted within the context of a particular type of economic activity. In fact, the removal of the phrase “upon realization” from legal texts grants a degree of interpretive discretion to the judiciary; accordingly, a judge may validate guaranteed conditions by considering factors such as the nature of the activity, the expertise of the borrower, and the parties’ agreement on the expected return. Alternatively, if the conditions are found to be imposed, the judge may relieve the obligated party from the effects of such clauses by adjusting the contract.

The main challenge faced in the execution of civil partnership contracts within the usury-free banking system has turned to be a Shariah concern in the recent years, which is turned hindered the realization of the banking system's strategic objectives for economic development in Iran. While legal partnership contracts do not have any of the problems of civil partnership contracts, banks have been deprived of the advantages of these contracts due to the limitations imposed by supervisory authorities. The present research aims primarily to present the banking system with a model based on utilization of the benefits of legal partnership contracts; the key feature being the realization of real profit and loss. This will pave the way for the realization of strategic goals of the banking system; i.e. the cooperation of the banking system with real economy and expediting economic growth and development. Research hypotheses are:1. It is necessary to revive legal partnership contracts in the banking system; and2. With the help of legal partnership contracts, PLS banking model is presentable.The methodology employed to test the hypothesis is descriptive-analytical which includes a case study of Sepah Bank performance in legal partnership contracts, accompanied by a documentary study of valid sources as well as legal documents of related authorities.The study of Sepah Bank performance in legal partnership contracts shows a real profit of 30% as well as the creation of infrastructures for many industries including but not limited to: steel, cement, tires, roads and construction. Benefits of the utilization of legal partnership contracts for depositors, credit institutions, and most importantly for the realization of strategic goals of national economy have made the revival of these contracts for the banking system to be inevitable. The present paper presents practical models for the enforcement of legal partnership.