A Legal Analysis of Risk in Contract System With Special Reference to Imam Khomeini's Viewpoints

A contract, as a legal institution, always faces incertitude in achieving its goal. It is through proper control and accountability towards the incertitude that one can explain the commitments and prorogations of the two sides to a contract. Since the conditions for conclusion of a contract can also guarantee its implementation, it is necessary to pay due attention to arrangement of a contract, commitments of the two sides and division of related risks between them. Hence, knowledge of the essential nature of risks related to the two sides’ commitments, the impact of opportunities and threats, including the financial, operational, competitive, political and social ones as well as strategies for the communication between the two parties would help the two signatories to the contract to adopt a logical approach to the implementation of the contract to prevent failures and consequently reduce contractual costs and implement it on time.