Legal Reappraisal of Legitimacy and Outcome of Contingent Deception

Up to this day, the only effective form of the condition of conventional and evident inequality between the financial value of bilateral-contractual commitments in Imāmī classical jurisprudence and law of Iran’s commitments, has been considered to be the traditional and familiar phenomenon of judicial-economical deception (ghabn), which is referred to as comparative (muqārin) deception (at the time of concluding a contract). The question is: what impact does the belated decadence of commutative justice after including a transaction and in the period of executing the contractual commitments will have on the validity span of the contract or on the rate of final commitments of the two parties? The silence and the lack of specific legal statute in Iran’s regulations as well as brief versions and sometimes versions negating the influence of “contingent deception” from the civil law sources of Islam on one hand and the needs of the interior and exterior commercial relations for legal support of the contracts that are constantly exposed to the changes governing them on the other hand, prompted the writers to reexamine the principle of legitimacy and the possible outcomes of the theory of contingent deception on the discretionary (ijtihādī) texts and sources of the Imāmī jurisprudence. In the
present research, while attempting to give an absolute redefinition of the event of deception and thematic identification of contingent deception, the judicial status of contingent decadence of the contractual balance of counter-values are explained and its efficiency in deception-oriented exchange transactions based on the principle of denial of loss and the theory of implicit stipulation is proclaimed legitimate and influential. It’s proportionate and equitable outcome is introduced to be the judicial moderation of the commitments by way of obligating the deceiver to pay the balance and in case of impossibility of moderation, the option for the deceived to cancel the contract.