The significance of the stock exchange market in the economy has made its elimination from the novel economy almost impossible. The capacity in this market has embodied various transactions, which are identified in legal terms in order to discover their elements, institutes, relations and effects. Analyzing such transactions can reveal their situation in the civil and trading laws. Thus, Muslim thinkers and experts have no choice but to conduct a jurisprudent study comparing the common transactions with Islamic contracts. The present paper aims at a comparative study of the transactions in the stock exchange market and the Islamic contracts. In various types of common transactions in Iran, including the stock exchange of negotiable papers or goods, there are elements and relations that seem to be inconsistent with some Islamic contracts. However, given the widespread capacity of Islamic jurisprudence, other contracts can replace them. For example, instead of transaction of bonds and pawn brokerage-based sale of shares in the Stock Exchange Market which are not consistent with Islamic contracts can be replaced respectively with Sokouk ('coins') (Islamic stock exchange) and simultaneous advance purchase and sale.

One of the important matters in the law of contract is breach of contract and sanctions (remedies) resulting from the breach. In the Iranian Law, resorting to sanctions (remedies) resulting from the contract breach is applicable, when the due date for performance of contract has been arrived and the promisor has not performed his contractual obligations; But it is possible, occasionally, prior to the due date for performance of obligation, on basis of express declaration of the promisor and; or due to existing circumstances, the promisee reasonably conclude that the promisor cannot or will not perform his obligation in due date. In this case, the doctrine of Anticipatory Breach of Contract propound as a new legal establishment and it permits to the promisor, by resorting to sanctions (remedies) of this theory, to gets rid of his obligations in the contract that will encounters with breach in the future, and proportionately enterprises to suspension or termination of contract. The fundamental question is whether the promise, prior to the due date for performance of obligation, by invoking to this doctrine, can be resorted to sanctions (remedies) resulting from breach of contract or be obliged to wait until the due date for performance arrives. Although such doctrine isn’t considered in Iranian law and there isn’t specific article allocated to it, but in this research through review of Iranian legal system and comparative study with Common Law system, in particular, English & American Law and also international law documents particularly convention on international sale of goods(1980), we conclude that the main bases of this doctrine is available in Figh & Iranian Law and by invoking to general rules and principles can be stated to acceptability of this doctrine in Iranian Law.

Fiscal regime is one of the main differences between petroleum contracts. Fiscal regimes in oil contracts are divided in two main categories namely Concessionary and Contractual Systems. In contractual systems, the main difference between service and production sharing contracts is the way of compensation of contractor services which could be in cash or in kind. In production sharing contracts the contractor receives a portion of produced oil. One of the main criteria to compare fiscal regimes is government and contractor takes in real values. Comparing the net present value of contractor take shows that PSC could have been more desirable and cost effective in Azadegan, Soroush & Norouz, Forouzan & Esfandyar oil fields than Buy-Back contracts.

In this paper, we try to present a theoretical model for participatory contracts in the form of principal agent model in an asymmetric information conditions in game theory framework. Using the principal agent model, how can we solve the advrsselection problem in the Islamic banking contracts and provide a simpler and less costly model? There are two hypotheses to answer the research questions. One is the use of acheivments of principal agent model in participatory contracts is more efficient. Another is the using principal agent model in an Islamic environment would minimize the adversselection problem in this model.
The results obtained from solving of the proposed model shows that by designing participatory contracts in a banking system the first hypothesis of the research is confirmed, also the results of the model confirms the cost of participation contracts in an adnersselection environment. The most important consequence of this research the possibility of of the elimination asymmetric information condition between the bank and the client if the parties adhere to the religious and Islamic regulations, this will confirm the second hypothesis of the research. In addition it has been shown that the financial instruments in Islamic economics as new achievement of economics are usable.

The Contract of Sale as one of the most exchanged contracts requires each parties to perform The Obligations against the other Party. According to the Vienna Convention, the Seller is required to perform the Obligations against the Buyer. The question is that whether Usage is effective in determining of The Obligations of the Seller based on the Convention on the International Sale of Goods? Parties to the contract are not required to predict and specify all details of the contract, It is sufficient to reach an agreement on the elements of the subject matter of the contract and Usage and Supplementary law determine other details and the effects of contract (specifying the rights and obligations of the parties about it). Article 220 and 225 of the Civil Code confirms this claim. Usage also have an important role based on the Vienna Convention 1980, because, in the Convention on the International Sale, in addition to being, the parties are bound by any usage to which they have agreed and by any practices which they have established between themselves, are considered, unless otherwise agreed, to have impliedly made applicable to their contract or its formation a usage of which the parties knew or ought to have known and which in international trade is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade concerned. In this Research will examine the effect of Usage and Practice in determining the Obligations of the Seller. By induction under the provisions of the Convention, we get the general result that, in the assumption of the absence of an agreement on the determination of sellers obligations, according to Article 9 of the Convention, Usage and Practice will undoubtedly determine the sellers obligations.Therefore, in the absence of an agreement between the parties on the commitment to certain Usages and the lack of Practice among them regarding the Sellers obligations, if the conditions of the Usages referred to in paragraph 2 of Article 9 of the Convention exist, the seller will be obliged to comply with it. Finally, in the absence of decisive rules, the Seller is bound to fulfill its obligations, In accordance with the Supplementary Provisions of the Convention. The same situation exists in the Iranian law.

Several risks exist in upstream oil and gas industry so the contracting parties try to use legal approaches such as inclusion of insurance contractual clauses to reduce the inevitable economic consequences of adverse risk events. Therefore, along with the main purpose of this study, the main research question is “Are the insurance contractual clauses stipulated in the new pattern of Iranian Petroleum Contract (IPC) comprehensive and efficient enough? Otherwise, what are the elements comprising insurance clauses to be considered?” To achieve this end, insurance contractual clauses have been reviewed in three main models of upstream oil and gas contracts including concessions production sharing and service contracts of 19 different countries in addition to the new pattern of Iranian Petroleum Contract (IPC). This led to the confirmation of the related hypothesis as “there are different elements of insurance contractual clauses stipulated in upstream petroleumcontracts such as insurance rates, waiving subrogation right, etc.,” which led to achieving 18 elements as the main conclusions of this study. Then comparative analysis of these elements with the related insurance clauses of Iranian Petroleum contract was done, which resulted in identifying the shortcomings of this contract, including the non-consideration of some necessary elements as one of the other results. Finally, suggestions have been made to address the shortcomings of the insurance clauses of this contract, the inclusion of which will increase efficiency, in addition to avoiding ambiguity in interpretation and reducing legal claims in this area.

The cases of Revocation of the contract in the labor law are not clearly specified. The labor code, in support of the worker, has accepted the expulsion implicitly, without specifying the types and reasons and in the notes of Article 7, it has shaken indefinite contracts. In spite of amending Article 10 and Article 21 in 1394, there are still some ambiguity: What are the cases of Revocation of a contract in accordance with the clause (g) Article 10 and the clauses (g) and (H) of article 21of labor code? What authority should determine the cases of Revocation in the labor code? Research method is descriptive-analytical way. despite paragraph (g) of Article 21, paragraph (h) of Article 10 is redundant and paragraph (g) of Article 21 is not one of the ways to terminate the contract along with other cases of termination of the contract, but the legislator should Organize " revocation within labor law" in two cases: revocation at the will of the employer and revocation at the will of the worker with specific types and conditions of each. This requires amendments to the labor law to provide contractual balance in labor relations.

Sustainable development is one of the terms that is frequently used in international legal literature and is considered one of the main policies of countries that have oil and gas resources, which has three economic, environmental and social dimensions and also has It is 17 ideals and indicators that were developed and proposed by the United Nations General Assembly in 2015. Also, after the objections to the mutual sales contracts and the lack of acceptance of this contractual model, finally in 2013, the new model of Iran's oil and gas contracts was introduced and unveiled. became. This article is based on a descriptive-analytical and comparative method and by referring to domestic and international laws and regulations, the provisions of the new oil contracts in the economic dimension, which is considered one of the main dimensions of sustainable development, as well as their indicators. examine to determine whether the general indicators of sustainable development in the new model of Iran's oil and gas contracts have been observed by the drafters or not. The final result of the article is that this contract model is consistent with some general indicators and dimensions of sustainable development, and in some ways it has flaws and therefore requires corrections.

Objective or subjective view of the contract, although itself a more theoretical issue, has important practical effects, especially in the area of contractual errors. It has long been believed that civil law systems have a subjectivist and common law systems have an objectivist approach to contract. However, this statement does not seem to be accurate in its entirety.The purpose of this article is to investigate this issue in the rules and jurisprudence of these legal systems by descriptive-analytical method with a detailed explanation of the similarities and differences between legal systems in perception of contract. In three systems (England, France, and Germany), the contractual conception of rules and decisions (external view) is a similar objective-subjective dialectical conception. But from the inside view, the issue is very different: these are only German jurists whose perception of contract is consistent with the jurisprudence. But the English and French jurists, tend to understand contract in a more linear way, in England is essentially objective and exceptionally subjective, and in France it is essentially subjective and exceptionally objective. However, the conception of the Iranian legal system seems to be a subjective understanding, both externally and internally.

Article 46 of the General Conditions of Contract (GCC), as specified in Publication No. 4311, outlines 15 grounds for contract termination by the employer. Although some of these instances may inherently lead to automatic termination or nullification, where the employer has no role or influence, the majority of termination cases arise due to the contractor’s breach or negligence. This termination right can be interpreted as a breach of a conditional obligation by the contractor. For breaches mentioned in Clause (a) of Article 46, particularly in items 3 through 6, the employer has the discretion to terminate the contract. In making this decision, the employer must weigh public interests and benefits and choose between contract termination, adherence to the contract, or seeking damages. Moreover, if the contractor expresses readiness to mitigate delays—for instance, by working at night as provided in Article 25 of the GCC—and if, according to the employer’s assessment, the contractor’s adherence to the contract would offset or lessen the damages caused by the breaches, and the resulting harm from termination would exceed the harm of contract continuation, or if the employer takes other measures against the contractor, such as compelling contract performance and claiming damages, thereby reducing harm significantly below that of termination, then, considering the analogous principle of Article 25, the exceptional nature of termination, public interest, and preference to minimize greater harm over lesser harm, the employer’s right to terminate is nullified and forfeited.