Unconsidered Criteria in the Process of Amendments to the Iranian Civil Code

Authors

    Jalil Aflaki Ph.D. Student, Department of Private Law, Aras International Campus, University of Tehran, Tehran, Iran
    Alireza Bariklou * Professor of Private Law Department, Faculty of law ,Farabi College, University of Tehran,Tehran,Iran bariklou@ut.ac.ir
    Alireza Azarbaijani Assistant professor of private law Department, Faculty of law,Farabi college, university of Tehran, Tehran, Iran

Keywords:

Presumption of contractual capacity, obligation to fulfill commitments, compensation for delayed payment, conformity with Islamic legal principles

Abstract

After the victory of the Islamic Revolution, the Iranian Civil Code underwent amendments in the field of contract law to align with Islamic legal principles. These amendments addressed three significant issues: the presumption of legal capacity and the age of contractual capacity, transactions intended to evade debt payment, and compensation for delayed payment of monetary obligations. However, these amendments have not been particularly effective. Using an analytical and descriptive method, this article demonstrates that crucial criteria, such as the definitive contradiction of previous laws with Islamic legal principles, seriousness, uniformity, and the anticipation of the consequences of the amended law, were not considered. As a result, not only did these amendments fail to strengthen contractual relationships, but they also made them more unstable.

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Additional Files

Published

2025-04-01

Submitted

2024-11-04

Revised

2024-12-17

Accepted

2024-12-26

Issue

Section

Articles

How to Cite

Aflaki, J., Bariklou, A., & Azarbaijani, A. (2025). Unconsidered Criteria in the Process of Amendments to the Iranian Civil Code. Interdisciplinary Studies in Society, Law, and Politics, 10-20. https://journalisslp.com/index.php/isslp/article/view/230

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