نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده حقوق، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
This study undertakes a comparative analysis of the concept of the “relational contract” in French law and examines the possibility of employing it as an interpretive approach in Iranian law, with particular emphasis on long‑term and continuing contractual relationships. Contemporary developments in contract theory demonstrate that the traditional model based on the notion of a complete, static, and momentary contract has largely lost its capacity to explain and regulate complex and enduring economic relationships, a transformation that has led to the emergence of a relational perspective in contractual analysis. In French law, although the relational contract has not been recognized as an autonomous legal institution, its underlying logic is reflected in statutory law and judicial practice through the requirement of good faith in performance, the acceptance of dynamic interpretation, consideration of the parties’ subsequent conduct, the central role of mutual reliance, and the possibility of adjusting contractual effects in response to changes in economic circumstances. This approach conceives the contract not merely as a set of fixed obligations, but as a gradual and evolving relationship whose primary objective lies in preserving cooperation and safeguarding the overall equilibrium of the contractual relationship.
کلیدواژهها [English]
