A comparative look at the validity of contracts in German and Iranian law

Abstract

A contract is a binding agreement that specifies the rights and obligations of the parties. Nowadays, due to the expansion of the volume of commercial exchanges, contracts have gained special importance in such a way that neglecting them causes economic, political and social chaos in the society. Therefore, the legislator supported the agreements between the parties and placed the principle on the authenticity of the contracts. Considering the importance of the subject, this article has discussed the validity of contracts in the legal systems of Iran and Germany by using the descriptive-analytical method in a comparative manner. First, the validity of contracts was discussed in German law and then in Iranian law. As a result, it was found that the conditions of validity of contracts and the validity of these legal acts in the studied legal systems are very similar to each other. In fact, in both legal systems, the capacity of the parties, their will and legality for the transaction are the conditions for the authenticity and validity of the contracts.