Contractual Expectations and Criteria for Determining and Compensating for Expectation Damages in Islamic Jurisprudence and Iranian Law

Articles in Press

Document Type : Research Paper

Authors

1 Phd In Private Law

2 Faculty Member of University of Tehran

10.22059/jorr.2025.375526.1009465

Abstract

In Iranian and Islamic law, the determination of contractual expectations is primarily based on the will and agreement of the parties involved. According to Article 10 of the Iranian Civil Code, the agreement between the parties governs their contractual relationships, except in cases where it explicitly contradicts the law. This principle is also reinforced in Islamic law through doctrines such as "Al-Mu’minun ‘inda Shurutihim" (believers are bound by their conditions) and "Al-‘Uqud Tabi’ah li Al-Qusud" (contracts are subject to intentions), which emphasize the importance of respecting the terms and wishes of the parties in contracts. Nevertheless, compensating for expectation damages is only possible under certain conditions. Since these damages are based on contractual expectations, there must be a contract that clearly specifies these expectations. In other words, the expectations of both the promisor and the promisee must be clear and explicit in order to identify and compensate for the damages resulting from their breach. This research delves into examining these contractual expectations and the criteria for determining the amount and compensation of expectation damages in Islamic jurisprudence and Iranian law, demonstrating how the rights of the injured parties can be secured within the framework of existing laws.

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Main Subjects

Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 19 January 2025

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History

  • Receive Date: 31 May 2024
  • Revise Date: 09 December 2024
  • Accept Date: 19 January 2025

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