A comparative study of the basics of Awad theory in Iranian law and English law
In Iranian law, the role of Awad in the binding aspects of contracts is not very clear. However, from the inductive study of certain contracts, it is concluded that in most cases, there is a logical relationship between non-compensation and the permissibility of a contract and compensability and the necessity of that contract, which implies a kind of harmony between Iran's legal system and Awad theory. On the other hand, in English law, the contract is generally recognized as valid and enforceable in two ways. The first case is that it is official and sealed, and the second case is that the exchange is its support, since the principle is that the contracts are informal, in English law, the exchange has a decisive role in distinguishing binding contracts from mere promises. Therefore, if the Awad theory is accepted in Iranian law, it can be effective as one of the supplementary rules in interpreting private contracts and determining the obligations of the parties.
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