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

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.