M.A. Thesis:

Jurisprudence and Legal Analysis of Open Contracts in Iran and America

An example of a new pattern of contracts is open contracts. These contracts came into being in the wake of economic and trade developments. If the parties to the contract can not agree on certain terms at the time of concluding the contract, specifying the details of these terms is postponed to the next time. In such an assumption, because the dimensions of the contract are not clear, the term states that the contract Re-concluded. There is disagreement among jurists about the validity of these contracts. Some consider these contracts to be invalid due to the lack of clarity of all its dimensions and, ultimately, the lack of intention to write them. From the jurisprudential point of view, regarding transactions and contracts, the most important factor in the validity and invalidity of the issue of gharr is that this principle also applies in open contracts. Accordingly, in addition to ignorance of the transaction, the jurists also consider the possibility of loss necessary and believe that the absence of either of them will not lead to arrogance and corruption. And wherever there is grievance, even if there is no loss, it corrupts the contract and the contract is void. Under US law, the imperfection of a contract is accepted. Open contracts in American law are of different types and have led to the prosperity of commercial transactions in different conditions. There is no clear rule in Iranian law regarding these contracts. The open conditions contained in these contracts do not pose a problem if they are about the time or place of the contract, but if the price is unknown or sold, since the condition is related to the basic elements of the contract, it can be the reason for its invalidity. Be. The independent nature of this type of contract can be considered. For example, if we consider the nature of these contracts as indefinite contracts, the existence of multiple and ambiguous conditions in it can be justified. The protection of public and commercial interests requires that we recognize the validity of such contracts in law.

Keywords: Keywords: contract, open contract, intention, agreement, contract completion