The Relationship between the Theory of Consideration in English Law and the Theory of Equilibrium in Iranian Law

Background and Aim: In contractual relationships, various problems may arise for different reasons. In Iranian and international law, solutions have been proposed to address imbalance and equilibrium, which is the subject of this research. The main question is what the relationship between these two issues is. Answering this question has significant implications, one of which is the lack of a clear status of consideration in contractual obligations. This article examines the points of divergence and convergence of the theory of consideration in English law and the theory of balance in Iranian law using a library-based method.Method: This research is theoretical and conducted using a descriptive-analytical approach, based on the collection of information from documents, books, and articles.Results: According to the theory of balance, maintaining justice in reciprocal contracts requires preserving economic equilibrium. This article, based on Dr. Jafari Langarudi's theory, examines the relationship between the theory of consideration in English law and the theory of balance in three sections.Conclusion: The findings of this article indicate that there is a relationship between the theory of consideration in English law and the theory of balance in Iranian law, especially in topics such as the acquisition of unlawful benefits (prohibition of unjust enrichment) and the principle of balance of ownership against obligation, which is largely similar to the theory of potential breach of contract in English law.

کلیدواژه ها:

Theory of consideration ، Theory of balance ، Contract ، Contractual law.