Mokhtar Mahmoudi; Ebrahim Shoarian; Yousef Molaee
Abstract
The use of swap contracts as a method of attracting foreign investors and reducing the risk and eliminating the barriers to transportation and export and import risks of similar goods on the one hand due to restrictions and legal requirements on other contracts on the other hand due to economic requirements ...
Read More
The use of swap contracts as a method of attracting foreign investors and reducing the risk and eliminating the barriers to transportation and export and import risks of similar goods on the one hand due to restrictions and legal requirements on other contracts on the other hand due to economic requirements on contracts Modern international trade, including swap contracts in Iranian law and jurisprudence, has not been discussed in a comprehensive manner. But the question is, what is the legal nature of swap contracts? Is there a similar entity in domestic and foreign law with swap contracts? And what are these contracts? In response to these questions, this paper examines and justifies this issue by examining similar domestic and foreign legal entities, and concludes that swap contracts, given the broad scope of the principle of sovereignty and freedom of contract, in the rights of one contract. Accepted in Article 10 of the Iranian Civil Code and the parties' consent is sufficient for the validity and validity of these contracts and as a modern entity has its own character and generally comprises a set of contractual procedures whose content infringes its quality. Makes, and on the other hand, swap contracts with such qualifications as this contract Possessory, satisfaction, exchange, and the subject matter are often identical goods and reduce the risk of transactions.
