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Title: How to modernise formation of contract rules in Iranian law? : proposals for reform of the Iranian civil code from comparative perspective of English and Uniform law
Author: Abrishami, Ali Moghaddam
ISNI:       0000 0004 2674 4817
Awarding Body: Queen Mary, University of London
Current Institution: Queen Mary, University of London
Date of Award: 2007
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This thesis analyses the issue of formation of contract. It is particularly concerned with a critical appraisal of current Iranian law, and assesses Iranian rules and practice against two widely accepted regimes, i. e. English law and Uniform law (mainly United Nations Convention on Contract for International Sale of Goods 1980 (CISG)). Wherever appropriate, references are also made to other uniform law instruments and legal systems, particularly the UNIDROIT Principles of International Commercial Contracts. Wherever it is relevant, the issue of electronic contract is also considered. The Iranian Civil Code of 1928 (CCI) is an old legislative text in the civil law tradition and its contract law provisions are nowadays inadequate and ambiguous. The main objective of the thesis is to illustrate problems of formation rules in Iranian law, and to explore how Iranian law needs to be reformed in order to comply with international standards. For this purpose, the level of compatibility is also assessed by identifying similarities and differences among the selected systems in this research. This study also argues that Islamic law cannot be responsive to today's commercial needs, and hence Iran should focus on commercial expediency of Iran rather than on religious factors. This thesis is divided into three Parts: Part I consists of Chapter 1, which focuses on impact of negotiation on contract formation. Part 2 deals with the essentials of formation, and consists of Chapters 2,3 and 4: Chapter 2 concentrates on the concept of offer; Chapter 3 examines the concept of acceptance; Chapter 4 discusses the element of intent. Part 3 includes Chapter 5, which is concerned with battle of forms. This study concludes by evaluating possible solutions for problems of Iranian law, and subsequently it will suggest proposals for reform of the Iranian Civil Code. In other words, this thesis recommends that Iranian legislator should consider convergence through the modernisation of the domestic law. In doing so, guidance and inspiration is to be drawn by both sophisticated domestic law and uniform law. i. e. international best practices.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Law