The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Comparative study of pre-contractual liability in Iran law and liability arising from Inchoate Contracts under English law

Document Type : Research/Original/Regular Article

Authors
1 Department of law, faculty of literature and Humanities, Malayer university, Malayer, Iran.
2 Department of law, faculty of literature and humanities, Malayer university, Malayer, Iran
10.22034/jlvi.2026.2053660.1338
Abstract
Even though, the principle of freedom of contract is govern to parties’ relation up to contract was made and is disclaimer of their pre-contractual responsibility, the principles lazarar and good faith in contract guarantee the abandonment of contractual negotiations. In this essay: A Comparative study of pre-contractual liability in Iran law and liability arising from Inchoate Contracts under English law, on the base of freedom of contract, we concern to the parties relations. The Maine question is: (Can pre- contractual relations create liability for the parties of the contract?). Based on the results of this research: In UK law the principle of freedom of contract governs the relations between the parties until the conclusion of the contract. In Iranian law, pre- contractual liability is divided into three categories based on the type of contract: 1- Pre- contractual negotiations in contracts in contracts subject to the law on: (Mandatory official registration of transactions concerning immovable property do not create liability.) 2- If the pre- contractual has independent nature from contract, it can perform. 3- Other contracts: The pre- contractual negotiation is binding. However, as a result of the negotiations, one of the parties suffers damage and there is a causal link between the other party’s conduct and that damage, that party is obliged to compensate the loss.
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Articles in Press, Accepted Manuscript
Available Online from 26 July 2026

  • Receive Date 16 February 2025
  • Revise Date 24 May 2026
  • Accept Date 17 May 2026