The purpose of this paper is to advance our formal understanding of the common law, especially the nature of the reasoning involved, but also its point, or justification. As so often in discussions of the modern common law, I will concentrate on the doctrine of precedent, according to which decisions by earlier courts constrain decisions by later courts, while still allowing these later courts ...

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“pacta sunt servanda” is one of the most fundamental principles in the common law and iranian legal systems, which have been exposed to exceptions in the process of time. these exceptions are part of general doctrine of frustration. iranians exceptions to this rule are named as “ta`azzor” and “ta`assor” rules. doctrine of frustration in common law includes three subdivision theories: “impossibi...

stare decisis is one of traditional legal rules common law to be considered. according to this rule, the judge of the judicial decisions of thecommon law previous similar cases to use. this rule by some authorities such as the international criminal court to consider the implicit judgments about the observance of this rule before the verdict is so difficult. finally, cautious and visionary in c...

contrary to iranian and german law which do not agree on legal status of contracts obtained by corruption, in common law system such contract is typically deemed against public policy and void. but icsid convention, in spite of relying on public policy, considers these contracts voidable.