Volume 18, Issue 2 (2014)                   IQBQ 2014, 18(2): 103-126 | Back to browse issues page

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Rahimi1 H, Mahmoudzade2 K. Foundations of Theories for Aleatory Contracts (A Comparative Study in the Legal System Iran & Egypt). IQBQ. 2014; 18 (2) :103-126
URL: http://clr.modares.ac.ir/article-20-3741-en.html
1- 1. Assistant Professor, Faculty of Law, Allame Tabatabaei University, Tehran, Iran
2- 2. Master of Civil Law, Faculty of Law, Allame Tabatabaei University, Tehran, Iran
Abstract:   (8809 Views)
        In Iran's law, hesitation in the validity of aleatory contract is breaking of the principle of enforceability of definite determination of considerations. With the analysis of the Hadith of Rejection of Risk, a flexible interpretation of civil code (as the documents of principle), and an analysis of the Principle of Unjust Enrichment, the Principle of Security in Action, public order, and the way of wise people (as the basics of principle), it was specified that the mentioned documents and basics are not against the legality of aleatory contract. In Iran, legality of aleatory contract is justifiable with the Theory of Adequacy of Capability Determination of considerations that has been accepted by some Islamic experts. This theory that relays on hardship rule, public order and reasonable custom, is accepted in some cases of Civil Law. In Egypt's Civil Law, considering the acceptance of the Theory of Adequacy of Capability determination, there is no hesitation in the validity of the mentioned contract. The reason for the acceptance of such a theory is the development of the conception of risk in customs. Having no effect of deception in the correction of aleatory contract is another reason for the correctness of the contract under discussion in Egypt's law.       
*Corresponding Author’s E-mail: Rahimi@atu.ac.ir
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Received: 2014/04/26 | Accepted: 2014/08/23 | Published: 2014/09/16

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