عنوان مقاله [English]
نویسندگان [English]چکیده [English]
The most important discussion after recognition of nature of any legal relation is the rules and effects created with the contract, because each party must know what his/her/it rights due to the contract are and what the rights of the other party are.
Importance of this issue will be doubled in Istisna’ contract where the contract does not have a remarkable record in Iran’s law and its rules and effects have not been discussed specifically in this law.
In this research that is of theoretical kind and its methodology is based on library studies, first of all the rules and effects of Istisna’ contract in Sunni jurisprudence and law will be discussed and then will be analyzed from the viewpoint of Iran’s law – that is based on Imamiyyah jurisprudence – based on the idea that considers Istisna’ as an independent contract from determined contracts and categorizes it under undetermined contracts.