Certainty and Clarity of the Object of Transaction: A Comparative Study of the Iranian and French Laws

Abstract

According to paragraph 3 of article 190 of civil law, one of basic requirements of validity of transaction is certainty of transaction. Therefore, transaction should not be uncertain between several parties and parties to contract must address same issue, for example, if one pledges to transfer one vehicle or one house to another within six months or undertake to transfer to either of those who choose to pledge that obligation, with due regard to conditions and provisions of article 190 of civil law has not legal influence and credibility, it is a case of risk transactions. On other hand, in article 216 of civil law it says: The object of a transaction should not be ambiguous .... The object of transaction must include conditions such as its clarity and certainty. Its determination is based on public order and building of reason. Hence, its violation will invalidate contract. French civil law also briefly mentions clarity of object of transaction and subject of obligation, but does not comply with Iranian civil law as to amount and scientific scope required in transaction. According to article 1108 of French civil law, there are four essential conditions for validity and influence of any agreement and contract, including the object and particular object that constitutes subject of obligation. There is no mention of clarity limits and determining subject of contract in this case. Also pursuant to article 1129 of French civil law, this does not need to have certain quantity traded at time of contract, but it should be sufficient that it can be ascertained later. Contrary to Iranian law that object of transaction should be clear when entering into contract including its amount for both parties and post-transaction determinability is not enough. Therefore, from total of 1108 and 1129 of French civil law, it can be concluded that limits of announcing basic features include kind and type of certain property. What is being examined in this study will be studying clarity and certainty of object of transactions in Iranian and French law. The importance and necessity of doing research is one of most important issues in jurisprudence and law, but there is less to be done in comparative studies with other countries, including France. Hence, this subject has to be studied separately. But question that will be discussed in this study is whether buying uncertain object or an ambiguous object will be realized. And we examine and compare it in Iranian and French law. In this case, we have two hypotheses: 1.Because it is vague and uncertain, it is unrealistic in terms of rational precision; so object of transaction is also unrealistic; in other words, transaction becomes without subject-matter. 2. Knowing object of transaction is necessary to extent that its essential scope and dimensions are clarified. If both parties are described in such a way that transaction or custom knows its main dimensions, it must be sufficiently judged.