Abstract
In 1928, Iranian legal system became closer to the Roman-Germanic legal system, though this closeness did not imply ignorance of Islamic Law. The codifiers of Iranian Civil Code adopted the section of ‘Contracts and Obligations’ from French Civil Code and Roman-Germanic Law and formulated it with regards to Islamic Law and jurisprudence. So the Contract Law became close, in form, to Roman-Germanic Law (French Law), while in terms of content, it was coordinated with the Islamic Law. In Iranian Civil Code, no separate section is devoted to the contracts law and most of the legal Articles which are related to the contracts are discussed under the category of ‘Contracts and Obligations’ from Article 183 onwards. This paper deals with the definition of custom and its different types, its status in Iranian rules, and interpreting contracts based on the custom. It will also illuminate the status of custom within the scope of contract in Iran. Additionally, this paper will find an answer to this question whether or not the judges can refer to different meanings of custom for interpreting the contracts. The data gathered for this research is of library type and the research method is analytical. The objective of the study is removing the ambiguities of contract law in order to fully understand the concept of contract law and custom in Iranian contract law.
Highlights
The custom, despite the differences in legal systems is considered as one of the main legal resources and has a critical and effective role in all other disciplines in law area
In Iranian Civil Code, no separate section is devoted to the contracts law and most of the legal Articles which are related to the contracts are discussed under the category of ‘Contracts and Obligations’ from Article 183 onwards
In Iranian Civil Code, no separate section is devoted to the contracts law and most of the legal Articles related to the contracts are discussed under the section of ‘contracts and obligations’ from Article 183 onwards
Summary
The custom, despite the differences in legal systems is considered as one of the main legal resources and has a critical and effective role in all other disciplines in law area. Though written law cannot create and establish legal rule via custom, as the non-written law does, and even sometimes some systems or legal disciplines do not consider custom as obligatory phenomenon and typically limit its domain where law has no judgment and is silent; it considers law in legislation and attempts to make rules compatible with it (Keynia, 1995). Vol 10, No 7; 2014 written legal system (Erfani, 2011), it should be noted that custom has a significant role in legal rules This means that some cases such as Articles 132 and 220 of Iranian Civil Code have explicitly been alluded to custom and in some other cases it has implicitly been accepted as a legal criteria (Kheiri, 2012). The study aims to remove the ambiguities of contract law in order to fully understand the concept of contract law and custom in Iranian contract law
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