The economic efficiency of the institution of partnership contract in the light of the principle of permissibility

Document Type : Original Article

Authors

1 PhD Student in Private Law, Department of Law, Qaemshahr branch, Islamic Azad University, Qaemshahr, Iran

2 Assistant Professor Department of Law, West tehran branch, Islamic Azad University, Tehran, Iran (Corresponding Author)

3 Assistant Professor Department of Law, West tehran branch, Islamic Azad University, Tehran, Iran.

Abstract

The institution of partnership contract has a very significant impact on the society's economy due to the creation and increase of public participation. Unlike other similar legal institutions of our country, this institution is free from the control of old and disturbing laws and the possibility of participation in the process of management, supervision and decision-making is available for all partners. So the structure overseeing it is flat and contract-oriented and in line with the new concepts of management. Therefore, this study aims to analyze the structure of this legal institution in the use of resources and its efficiency capacity in self-correction and meeting the economic needs of the day with the approach of legal realism and using the criterion of economic efficiency, which is the proper application of contractual rules and conditions and interpretation and change. Reasonably, it is in the direction of maximizing wealth with minimal expenditure of resources; analyze and review; This analysis is carried out in the light of the principle of permissibility; As a result, this legal entity with the use of economic efficiency can, without inconsistency with jurisprudence and legal foundations, have the opportunity to re-adjust to change or complete itself in accordance with events and necessities in order to achieve the goals of participation and to be more compatible with new economic contracts, which in fact It shows the appropriateness of this legal institution to control the crisis and improve the situation and increase the wealth of the society.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 17, Issue 40
In Progress
October 2025
Pages 237-268

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