Document Type : Original Article

Authors

• khalil allah ahmadvand ¹
• Setareh Azadi ²

¹ Assistant Professor, Department of Theology, Razi University, Kermanshah, Iran

² Master student of Jurisprudence and Fundamentals of Islamic Law, Razi University, Kermanshah, Iran

Abstract

The right or ruling of the presumption of irrevocability of contracts is one of the topics that, despite its many and different applications and results in jurisprudence and law, has been less investigated and explained. In this research, an attempt is made to firstly explain the nature of rights and rulings, and then by studying and examining the evidence of the legitimacy of contracts, as well as paying attention to the works and distinct characteristics of rights and rulings, as well as evaluating the words of jurists and considering other solutions presented in this case, the status of rights or the irrevocability of contracts to be determined in doubtful cases. In a general view, it can be said that if it is proved that it is irreversible in the contracts, it is not possible for the contracting parties to waive the contracting or transfer, as well as exchange and compromise on it; Because its falsification and elimination is up to the legislator. Whereas, if it is proven to be a right, the possibility of waiving, inheritance, compromise, as well as discharging, cancellation, exchange and transfer is up to the rightful person. This study shows that the presumption of irrevocability of contracts differs in terms of being a right or a ruling in different cases and it is not possible to issue a general ruling in this field. Rather, one should pay attention to detail and by examining the contracts case by case, determine whether they are right or ruling.

Keywords

• Right
• rule
• presumption of irrevocability
• contract
• jurisprudence rule