Flexible Forms of Contracts: Transactions through Fictitious Settlements (ṣulḥ/muṣālaḥa) in Iran
Abstract In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived...
Saved in:
| Published in | Journal of the economic and social history of the Orient Vol. 64; no. 5-6; pp. 864 - 893 |
|---|---|
| Main Author | |
| Format | Journal Article |
| Language | English |
| Published |
Leiden | Boston
Brill
01.11.2021
|
| Online Access | Get full text |
Cover
Loading…
| Summary: | Abstract
In the second half of the nineteenth century, practitioners of law in Iran were looking for more flexibility in contractual forms, especially those used to conclude routine transactions of properties and services. They increasingly made use of a type of contract named muṣālaḥa-nāma, derived from the legal concept of ṣulḥ and defined primarily as a means to arrange the amicable settlement of disputes. The present contribution attempts to categorise the kind of transactions for which this universal contractual type could be employed and raises the question what advantages such a "new" contractual form might have entailed. |
|---|---|
| ISSN: | 0022-4995 1568-5209 |
| DOI: | 10.1163/15685209-12341555 |