Analysis of Complex Disputes in Contract Law in Iran and France
Legal disputes in contract law are among the most complex topics in various legal systems. Iran and France, as two countries with different legal systems, each have their own unique approaches to this issue. This scientific note aims to examine the main differences and similarities in contract law between these two countries and present scientific and research perspectives in this field.
The Iranian legal system is based on Islamic jurisprudence and civil law. A major challenge in contract law in Iran is the relationship between religious principles and the modern needs of society. With the rapid global changes, especially in the era of artificial intelligence and digitalization, the lack of updated laws and their outdated nature pose a fundamental problem in addressing new needs. This lack of modernization, particularly concerning legal issues related to contracts, has led to problems that existing laws cannot solve. Moreover, the ability of the Islamic Parliament to draft updated laws that could address the daily problems of the Iranian people faces serious challenges.
Contract law in France is heavily influenced by the principles of the Civil Code, which has its roots in Napoleonic laws. In France, principles such as freedom of contract and adherence to contractual obligations are highly valued. One significant complexity in French contract law is the interpretation and enforcement of contracts when parties are in dispute. In this system, judges play an active role in interpreting the terms of contracts and determining the rights and obligations of the parties.
The primary differences between the Iranian and French legal systems in handling contractual disputes are clearly observable. In Iran, the influence of Islamic jurisprudence on contract law is fundamental, whereas in France, greater emphasis is placed on legal principles and codified rules within the Civil Code. However, both legal systems face similar challenges in addressing the modern needs of their respective societies and strive to find appropriate solutions to these challenges.