Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

The Concept and Interpretive Principles of Relational Contracts in Islamic Jurisprudence and Iranian Law: A Comparative Study with European and American Legal Systems

Document Type : scientific research paper

Author
Mohammad Hosein Vakili Moghadam
Assistant Professor of Private Law, Faculty of Theology and Law, Hazrat-e- Masoumeh University, Qom, Iran
10.22034/law.2025.2060848.1649
Abstract
The rapid evolution in commercial arena and legal relationships—particularly the increasing complexity of long-term economic interactions—has prompted a fundamental reassessment of classical contract theories, culminating in the emergence of the concept of related oriented contracts.
These contracts, founded on mutual trust, ongoing cooperation, continuous interactions and flexible structures, depart from traditional obligation-oriented models that rely heavily on instantaneous intent or textual formalism. Instead, they present a dynamic and process-oriented framework for contractual formation and performance
This article tries to adopt a comparative legal approach to explore the conceptual foundations, governing principles, and legal status of these contracts within the context of Iranian law and Islamic jurisprudence. 
In this regard, while examining the Macneil’s theory and comparing it with the Islamic jurisprudence such as e’timan (reliance-based entrustment), it demonstrates that norms such as good faith, loyalty, contextual-oriented interpretation, and the presumption that contract remains unchanged is deemed to be fundamental components of contracts.  
 
Also, by analyzing doctrines, legal texts, and judicial precedent of European and American legal systems, it is determined that relation-oriented contracts have the potentiality to comply with institutions such as fiduciary and partnership-based arrangements. However, in terms of the rationale for their existence and purposive position they occupy a more advanced level.
 
Examination of jurisprudential samples confirms that Islamic jurisprudence has the admissibility of these contracts with concepts such as e’timan, especially where contractual reliance serves as the foundation of contract.
 
Relation-oriented contracts possess the potentiality of compliance with many current contracts and they must employ appropriate requirements in formation, performance, and interpretation, based on their existence of conditions and circumstances.
 
With this perception, contracts include wide range of agreements that in certain examples have the highest level of relation-oriented.
 
This article aims to provide appropriate context for development of efficient theories in the Iranian law of contracts by recognition of these capacities.
 
Ultimately, delineating the principles of interpretation governing the relation-oriented contracts, the study concludes that reviewing in traditional legal interpretive and embracing the fluid and interactive nature of modern contracts can provide the ground for development and more efficient in the system of law of contract in Iran.
Keywords
Relation-oriented contracts
contractual reliance
interpretation of context-oriented
contractual entrustment
Rrliance-based entrustment

Subjects

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