تاملي اجمالي در مفهوم عرفي بودن حقوق قراردادها در حقوق موضوعه ايران

BREIF REFLECTION ON THE THEORY SECULAR CONTRACT LAW IN THE POSITIVE IRAN LAW

Study of record and foundation of regulations ruled proprietary contracts such as Sale. lease and exchange shows this fact that many of them have been impressed from usages and practices and also the legislature has generaly enacted on basis of these facts. Therefoe legal logic and common sense exigence that the new usage is exercised when the usage as basis of regulation has been changed. The most easy and cheap way for obtaining of this aim is that these changes are realized by the legislature on time and the regulations are reformed according to new circumstances. However. this fact dont exempt the courts from realizing to these tranfonnations and trying to inter this processe into judgement eara. Author try to examine only the mentioned processing in the light of Positive Iran law and after analyze the effets of exercising of this theory in the some of challengous instances. This paper shows that Iran legal Regime has potential to accept such processing in the application of both legislation and Judgement and for this reason certain regulations regarding to contracts have to are reformed. Earlier. under 220 and 225 articles of civil code courts must dipensc with non- binding (voluntary) statutes and exercise the new usage.