A Study of Peace Contract in Jurisprudence and Comparing it with Deed of Arrangement in commercial law

Document Type : Original Article

Author

Assistant Professor, Department of Law and Theology, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.

Abstract

One of the legal institutions similar to the peace contract is the deed of arrangement, which is concluded in order to help a bankrupt businessman, and is known as "Al-Solh Al-Voddi" or friendly contract in some legal schools. The deed of arrangement, which is based on tolerance and ignoring each other, plays an effective role in untangling some business matters, and it is similar to a peace agreement in terms of amity and kindness that is included in the nature of this contract. The current research, which is organized with the aim of comparing these two contracts with each other in a descriptive-analytical method, aims to show the similarities and differences between them. The findings of the research indicate that these two institutions are fundamentally different from each other despite their many similarities; For example, in a peace contract, the lack of the condition of possession, such as the bankruptcy of the property, causes the contract to be ineffective, while in the deed of arrangement, the bankruptcy of the merchant is one of the basic components of this contract; in addition, the issue of relegation and choice in the deed of arrangement. It is excluded, and unlike the peace agreement, it is always realized with the consent of the majority of creditors in a group with the approval of the court, by observing its own conditions and formalities.

Keywords

Main Subjects

References

Abdipour Fard, E. (2018), Exemption and review of guarantee in Arafaqi contract, Judicial Law Perspectives Quarterly, Vol 24, P 87. [In Persian]
Abhari, H., Taleqan Ghafari, M., & Moosavi khatir, S. T. (2022). A Comparative Study of Compromise in the Transnational Civil Procedure Law and the Iranian Law. Journal of Comparative Law, 6(1), 7-21. doi: 10.22080/lps.2022.22180.1259. [In Persian]
Alfat, N. (2005), public order and the obligation to conclude a contract, Islamic Law Quarterly, No. 7. [In Persian]
Allameh Hali, H. (1993), Tazkira al-Fiqaha, Qom, Al Bayt Institute (AS). [In Arabic]
Bahrani, Y. (B.T.A.), Al-Hadaiq al-Nadrah, Qom, Al-Nashar al-Islami Institute. [In Arabic]
Eftekhari, J. (2000), Business Law 4, Bankruptcy and liquidation of bankrupt affairs, Tehran, Phoenix. [In Persian]
Emami, S .H, (1998), Civil Rights, Tehran, Islamic bookstore. [In Persian]
Hor Ameli, M. (1995), Al-Shia Materials, Qom, Al-Al-Bayt Institute (A.S). [In Arabic]
Ibn Ahmad, Kh. (1984), Al-Ain, Qom, Dar al-Hijrah [In Arabic].
Ibn Idris Hali, M. (1989), Al-Sarayr, Qom, Islamic Publications. [In Arabic]
Ibn Manzoor, M. (1995), Arab Language, Beirut, Dar Ihya Al-Trath al-Arabi.
Isfahani, A. (2001), Al-Najah Institute, Qom, Institute for editing and publishing the works of Imam (RA). [In Arabic]
Jaafari Langroudi, M. (2001), Law Terminology, Tehran, Ganj Danesh. [In Persian]
Jabai Aamili (Shahid Thani), Z. (B.T.A.), Masalik Al-Afham, Qom, Institute of Islamic Education. [In Arabic]
Jabai Aamili (second martyr), Z. (1989), al-Rawzah al-Bahieh, Qom, Islamic bookstore. [In Arabic]
Katouzian, N. (1997), Citizen Rights, Participation and Peace, Tehran, Ganj Danesh Library. [In Persian]
Katouzian, N. (2001), Civil Laws, General Rules of Contracts, Tehran, Mohagheg Karki Publications, 1414. [In Persian]
Kaviani, K. (2012), Reconstruction of the bankrupt situation in Iranian law, two quarterly journals of knowledge and legal research, third year, first issue. [In Persian]
Mohagheq Keraki, A. (1993), Jami al-Maqasad fi Sharh Al-Qasas, Qom, Al-Al-Bayt Institute (A.S.). [In Persian]
Mousavi Bojanvardi, S. M. (1992), Al-Faqhiyyah Rules, Tehran, Aruj Institute. [In Persian]
Mousavi Khomeini, R. (2019), Tahrir al-Wasila, Tehran, Institute for editing and publishing the works of Imam Khomeini (RA). [In Arabic]
Najafi, M. (1983), Jawaharlal Kalam, Beirut, Dar Ihya Al-Trath al-Arabi. [In Arabic]
Navin, P, Khaje Piri, A. (2012), Citizenship Rights, Tehran, Ganj Danesh Library Publications. [In Persian]
Pakzad, M., Mohammadi, S., & Abhari, H. (2024). Settlement contract (solh) in term of transactions with an analysis from the perspective of Farîqayn (Shia and Sunni) jurisprudence and Iranian Law Looking at the law of Egypt and Iraq. Journal of Comparative Law, 8(2), 27-44. doi: 10.22080/lps.2023.25989.1556. [In Persian]
Pasban, M. (2021), liquidation of commercial companies, Ahrar Private Law Journal, No. 3. [In Persian]
Rahimzadeh Meybodi, H. (2021), the comparative approach of Arafi contract in Iranian, English and French law, Tamand Al-Jawari publication, number 8. [In Persian]
Rashti, H. (2015), al-Amamiyyah jurisprudence, Tehran, Al-Haydari printing house [In Arabic].
Sabzwari, S. A. (Beita), Mahezab al-Ahkam Fi Bayan Halal and Haram, Qom, Dar al-Tafseer. [In Arabic]
Safai, H. (2004), Persons and Property, Tehran, Mizan Publishing. [In Persian]
Senhouri, A. (2008), transfer and fall of commitments, Tehran, book translation and publishing center. [In Persian]
Shahidi, M. (2001), formation of contracts and obligations, Tehran, Majd Publications. [In Persian]
Shahidi, M. (2005), Civil Laws, Certain Contracts, (1384), Tehran, Majd Tehran Publications. [In Persian]
Sharif Payami, M. (2021), a look at the marriage contract in Iranian and Egyptian law, studies of political science, law and jurisprudence, volume 7, number 1. [In Persian]
Sheikh Tusi, M. (2008), Al-Mobsut, Tehran, Mohammad Taghi Kashfi. [In Arabic]
Simai Saraf, H. (2019), two quarterly scientific journals of evidence legal teachings, fifth year, second issue. [In Persian]
Sotoudeh Tehrani, H. (1997), Commercial Law, Tehran, Dadgstar Publishing House. [In Persian]
Tabatabai Hayeri, S. A. (1998), Riaz al-Masail, Qom, Islamic Publication Institute. [In Arabic]
Taghipour, B. (2022), the works of Arafaqi contract in Iranian and Egyptian law, Iranian Political Sociology, fifth year, seventh edition. [In Persian]
Tarihi, F. (1982), Majma Al-Bahrin, Beirut, Al-Wafa Institute. [In Arabic]
Journal of Comparative Law
Volume 9, Issue 4 - Serial Number 20
January 2026
Pages 135-151

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History

  • Receive Date: 08 June 2024
  • Revise Date: 20 October 2024
  • Accept Date: 05 November 2024

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