good faith in a total categorization of the term, has classified to protective and obligatory. the obligatory aspect of good faith relates to contract law that implies correct behaviour, honesty and respect to others trust and interest. in this conception of the term, good faith implies action or disaction from the parties as a behavioural rule. the morality of the good faith denotes to the fac...

dispute resolution procedures in contract construction: from iran’s legal and imamiyeh fiqh perspectives solmaz hadi [1] morteza haji pour [2] abstract in iranian civil law, in spite of the long tradition of using alternative dispute resolution (adr) methods, and existence of rules and regulation regarding conciliation and compromise, the use of adr methods were not welcomed by the conflicting ...

although the corrupted condition is not protected by sanctions, there are three beliefs as to whether its corruption (fasād) permeates the contract (‘aqd) or not: theory of fasād, theory of non-permeation of fasād, theory of detailed specification (tafṣīl). the proponents of the latter theory claim the total exclusion of the condition that causes disturbance in the basic components of the contr...

nowadays in commercial contracts, parties communicate with together using standard forms. both the party's standards forms usually contain a description of the subject-matter, the price, the quantity and the delivery terms. such a situation is called the battle of forms. in such a case some questions are raised. does the exchange of the conflicting forms create a contract? if so, what are ...

Contract signing protocol is a new way of interacting two parties online though communication devices. Since communication is done though internet or media so authentication is required between these parties to check the contract is done between right parties or not. The main aim of contract signing is fairness between parties. Although there are various techniques implemented to provide authen...

drawing up the insurance contracts by insurance companies has led to disregard policyholder's rights. this means that insurers by inserting unfair terms in insurance contracts seek to make a contract that they gain special privileges for themselves. jurists as main opponents of injustice regard commitment not to insert unfair terms as one of the insurer's pre-contractual obligations i...

In this paper, a new contract signing protocol is proposed based on the RSA signature scheme. The protocol will allow two parties to sign the same contract and then exchange their digital signatures. The protocol ensures fairness in that it offers parties greater security: either both parties receive each other's signatures or neither does. The protocol is based on offline Trusted Third Party (...

An increasing trend of economic agents is to form productive associations such as networks, platforms, and other hybrids. Subsets of these agents contract with each other to further their network project and these contracts can create benefits for, or impose costs on, agentswho are not contract parties. Contract law regulates third party claims against contract parties with the third-party bene...