Document Type : Original Article

Authors

• Seyyed Mostafa Saadat Mostafavi ¹
• Mohammad Javad Motiee ²

¹ Associate Professor of the Department of Private Law at Imam Sadiq(a.s) University

² Department of Public Law & International Law, Faculty of Law, University of Judicial Sciences & Administrative Services, Tehran, Iran

Abstract

Safahi contracts which are usually described as eligible persons’ financially irrational contracts, are an unusual form of every financial contract. In these contracts being financially irrational meets being made by eligible persons. The silence of the Iranian Legislature on legal situation of these contracts and Imami Jurisprudents’ disagreement about it, have made Iranian legal system face a complication in making an appropriate decision on it. This basic research investigates the two existing opinions on the subject, Absolute Invalidity and Absolute Validity, refutes some of their evidences and proves the others. This research with its descriptive- analytic method discovers the two opinions incapable of solving the problem because of their absolutistic approach to the custom and states a new opinion called the Relativity of Safahi Contracts’ Legal Situation. This opinion disagrees with considering the legal situation of safahi contracts absolute and considers the eligible society able to make prevalent safahi contracts valid and the others invalid.

Keywords

• Validity
• Invalidity
• Relativity
• Safahi contracts
• Imami jurisprudence
• Legislation
• Iranian law