Feasibility of Applying Innovations in the French Civil Code Regarding the Law of Obligations to the Iranian Civil Code

Abstract

Following the reforms made in the French Civil Code, several notable innovations have emerged in this legal system. These innovations have been shaped by years of judicial practice, the system’s inherent weaknesses, and inspiration from European Union regulations. Their significance also extends to Iranian law, as Iran’s legal framework has historically been influenced by the French legal system. Consequently, the new provisions may bear relevance to the future reform of Iran’s Civil Code. One of the most substantially reformed areas in France concerns the law of obligations, which is equally significant in Iranian law. A key characteristic of these changes is their alignment with global trade practices and the reduction of judicial intervention. Due to such influences, it is possible to identify harmonized and compatible elements within the French reforms that could justify corresponding changes in Iranian law. In this context, the present study conducts an analytical–descriptive feasibility assessment of applying the innovations in the French Civil Code concerning the law of obligations to the Iranian Civil Code, utilizing a library-based research methodology. The findings reveal that one major feature of the French reforms—granting extensive powers to judges to ensure contractual balance—could potentially destabilize contractual relationships. This approach appears more restrained in Iranian law, where contract durability is more emphasized. Another notable innovation in the French Code is the duty of disclosure, which, although sporadically addressed in Iranian law (e.g., in the Civil Code and Insurance Law), has been rendered more operational and structured in French law. A further important innovation in the French Civil Code involves addressing contractual imbalance, which in Iranian law is currently evaluated based on circumstances and context, but could benefit from more structured reform.