abstract the traditional or liberal theory of contract always had encounter serious critics. the authors of this article have criticized this theory- based on new theory of unger (a pioneer in the critical legal studies movement) - and also have analyzed the strengths and weaknesses of that. this theory consists of a principle and a counter principle that include freedom of contract against the...

abstract the theory of hardship is a situation in which the implementation of contractual obligation, as a result of unpredictable events that are out of control, becomes economically difficult and expensive without being physically impossible and distorts the balance of the contract. in such a situation, the hardship theory is applied to restore the balance of the contract. this matter has var...

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...

the cause is the basis of the existence and non-existence of a thing and its consideration is prior to consideration of the thing. in accordance with subjective theory, the will is the substance of the contract and the other elements of a contract are conditions of will’s efficiency. in contrast, according to objective theory, object of the contract is the substance of it and the other elements...