Innovations of the New Commercial Bill in General Contract Rules: Challenges and Opportunities

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
Legal scholars and practitioners in commercial law concur on the social and economic changes of today's world and the misalignment of Iran's commercial laws with these changes. The necessity for updating and amending commercial law is evident. However, given the significance of this law in the country's economic framework, there is a need for meticulous consideration in its legislation. In this context, it is essential to analyze the Commercial Bill approved by the Islamic Consultative Assembly prior to its potential ratification by the Guardian Council. This study seeks to answer the question of how the innovations introduced by the Commercial Bill will impact the general contract rules within the Iranian legal system. The initial hypothesis posits that while some of these innovations will enhance the legal framework, they may also pose new legal challenges in certain areas. Therefore, this research employs a descriptive-analytical method to examine these innovations and analyze their effects on general contract rules in two phases: before and after the conclusion of contracts. The findings indicate that certain innovations, such as the broad allowance for the agreement to apply foreign law and the granting of authority to third parties to determine the transaction amount, will create difficulties, as they are not well-aligned with the existing legal structure. Additionally, granting third parties the authority to determine the transaction amount when the criteria established by the contracting parties are not enforceable will also lead to practical and legal problems within society. Conversely, the Commercial Bill, by adopting the theory of accession, has specifically improved conditions in electronic contracts, and provisions such as the possibility of amending non-standard contracts or preemptive termination are regarded as positive movements. Therefore, despite the presence of some positive reforms, challenges remain, highlighting the necessity for a more precise examination and amendment of this bill.
Language:
Persian
Published:
Journal of Judgment, Volume:24 Issue: 118, 2024
Pages:
70 to 91
https://magiran.com/p2797776