Understanding the Role of Processivism in the Formation and Interpretation of Contract: A Comparative Assessment of Iranian Law of Contract
Understanding the Role of Processivism in the Formation and Interpretation of Contract: A Comparative Assessment of Iranian Law of Contract
Mohammad Hosein Vakili Moghadam
 
Abstract: The Civil Code of Iran requires the intention of parties and the sharing of their will, accompanied with suitable external signs for a valid contract. However, the law does not provide for specific steps for such consensus building between contracting parties. This article analyses processivism as an approach for formation of contract in Islamic law and examines advantages and effects of this approach. The article argues that the common intention and will of contracting parties have a supra-legal nature, therefore, principles of behavioural science are better placed to inform legal analysis of contract formation. Such principles help clarify the role of will formation and regain its true place in contract law. Placing Iranian law of contract within the broader framework of Islamic law of contract, the examination of will formation in this article is further informed by comparative analysis of the rules and principles of contract found in international instruments and national laws of other jurisdictions. The article concludes that processivism as an approach to will formation in contracts resolves legal ambiguities and promotes uniformity of contract law.

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