Document Type : Original Article
Authors
1
Ph.D student of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Assistant professor of Department Private Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, , Iran.
3
Assistant professor of Department Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
10.22034/mral.2024.2009796.1506
Abstract
According to an entirety of contract clause, the contract includes all the agreements between the parties and they cannot invoke implied terms and former agreements which are in contradiction with the contractual terms, with the exception of the points on which the parties are silent. Therefore, the function and use of the entire contract clause, as a ‘covering clause’, is to remove the contradictions among the written final terms in a contract text.
To answer the question ‘what are the relationships between the entire contract clause and the contract general terms including agreement, general terms and private terms?’, the present research studied the relationships between the entire contract clause and instructions in the execution standards regulation for civil projects approved by the board of ministers in July 21, 1972, which controls the identical contracts including agreement, general terms and private terms and, their classification into three categories of irrevocable (category 1), common (category 2) and guidance (category 3). While, using the abovementioned clause in any contract coming under the instructions of any of these categories has its own particular instruments and requirements, stating it in the contacts of category 1 is exclusively in the discretion of Program and Budget Organization; but, in category 2, the parties have discretions just limited to the related instructions; and, in category 3, the parties may include the clause in their contract without any restrictions.
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