Iran Bar Exam (SCODA) cheat sheet

Article 10 of the Civil Code recognizes the validity of private contracts (اصل آزادی قراردادها) unless they contradict mandatory law or public order.

Article 190 lists the four conditions of contract validity: capacity, mutual consent, a specific subject matter, and a lawful purpose (مشروعیت جهت).

Article 219 makes contracts binding on the parties; Article 220 gives the injured party the right to specific performance (اجبار متعهد) plus damages.

Article 338 defines sale (بیع) as the exchange of property for property with mutual consent; Article 362 transfers ownership upon conclusion unless otherwise agreed.

Article 396 allows rescission (خیار) in sale; options include مجلس، حیوان، عیب، شرط، تأخیر ثمن، رؤیت، and غبن.

Article 1257 places the burden of proof on the claimant; Article 1258 lists the means of proof: confession, documentary evidence, testimony, presumptions, and oath.

Article 959 restricts the effect of waivers that conflict with mandatory rules; Article 975 bars foreign laws contrary to public order.

Prescription (مرور زمان) in civil claims was abolished by the post-Revolution rulings of the Guardian Council; only specific statutory time limits remain.

Article 2 of the Islamic Penal Code (1392) applies the lighter penalty retroactively (قاعده عطف به ماسبق نشدن قوانین کیفری).

Article 14 classifies punishments into four categories: حد، قصاص، دیه، and تعزیر.

Article 15 divides تعزیر into eight degrees based on the type and duration of deprivation of liberty and fines.

Article 25 sets the minimum age of criminal responsibility at 9 lunar years for girls and 15 lunar years for boys, with special provisions for minors.

Article 122 defines intentional homicide (قتل عمدی) as an act intended to cause death or an act that is typically lethal.

Article 289 distinguishes intentional from quasi-intentional (شبه عمد) and pure error (خطای محض) in bodily harm.

Article 125 addresses attempts (شروع به جرم) and makes them punishable only where the law expressly provides.

Article 130 on participation (شرکت) and Article 125 on aiding (معاونت) set the basis for accomplice liability.

Article 1 lists the commercial acts (اعمال تجاری) that trigger application of the Commercial Code, including purchase of movable property for resale.

Article 20 distinguishes a merchant (تاجر) as a person who habitually engages in commercial acts in their own name.

Article 58 defines a commercial company as a contract between two or more persons to share profits; Article 20 of the 1347 Act recognizes seven forms.

Article 94 requires registration of commercial companies in the Commercial Register (اداره ثبت شرکت‌ها) to acquire legal personality.

Article 107 of the 1347 Act governs joint-stock companies (شرکت سهامی); the 1347 Act replaced the earlier provisions.

Article 412 of the Commercial Code addresses bankruptcy (ورشکستگی) and the suspension of individual enforcement actions.

Article 418 sets the cessation of payments (توقف از تأدیه) as the trigger for bankruptcy proceedings.

Article 219 requires the trustee (مدیر تصفیه) to liquidate the bankrupt's assets and distribute proceeds among creditors.

Article 2 of the Civil Procedure Code (1379) states that no court may refuse to hear a claim on grounds of silence or ambiguity of the law.

Article 10 sets the general rule that the plaintiff may file in the defendant's domicile; Article 12 lists exceptions.

Article 51 requires the petition (دادخواست) to state parties, subject matter, and the relief sought, with supporting documents.

Article 84 lists the objections to jurisdiction (ایرادات) that a party may raise, including lack of competence and res judicata.

Article 108 allows the court to order security for costs (تأمین خسارت احتمالی) upon the defendant's request.

Article 331 provides that an appeal (تجدیدنظر) must be filed within 20 days of notification of the judgment.

Article 336 restricts appeal to judgments exceeding a statutory monetary threshold; Article 369 governs cassation (فرجام‌خواهی).

Article 411 allows review (اعاده دادرسی) on grounds such as discovery of decisive new documents or fraud.

Article 1 of the 1392 Criminal Procedure Code applies its provisions to all judicial authorities and investigative bodies.

Article 32 protects the rights of the accused, including access to counsel from the investigation stage.

Article 190 requires a complaint (شکایت) from the victim for prosecution of certain offences; otherwise the prosecutor may act ex officio.

Article 240 sets the maximum duration of temporary detention (بازداشت موقت) and requires judicial review.

Article 248 lists the offences for which temporary detention is permitted, including serious crimes.

Article 265 requires the prosecutor to issue a decision (قرار) on the investigation file; Article 270 governs the indictment.

Article 425 provides for retrial (اعاده دادرسی کیفری) on grounds such as forged evidence or newly discovered facts.

Article 494 addresses compensation for wrongful detention (جبران خسارت بازداشت غیرقانونی).

Article 1 of the Constitution declares Iran an Islamic Republic based on the will of the people.

Article 2 lists the foundational principles of the Islamic Republic, including divine sovereignty and popular participation.

Article 56 vests absolute sovereignty over the world and man in God and grants it to man over his destiny.

Article 57 separates the powers of state into legislative, executive, and judicial branches under the supervision of the Leader.

Article 91 establishes the Guardian Council (شورای نگهبان) with six faqihs and six jurists.

Article 94 requires the Guardian Council to review all legislation for conformity with Islam and the Constitution.

Article 170 obliges judges to refrain from enforcing unconstitutional or un-Islamic regulations.

Article 177 sets the procedure for constitutional amendment, requiring a referendum and the Leader's approval.

The four primary sources (ادله اربعه) in Imami jurisprudence are the Quran, Sunna, consensus (اجماع), and reason (عقل).

Usul al-fiqh distinguishes definitive (قطعی) from probable (ظنی) evidence; only definitive evidence yields certainty.

The principle of istishab (استصحاب) presumes continuation of a previously established state until contrary proof.

Bara'at (برائت) relieves the obligor where no prohibition is established; ihtiyat (احتیاط) requires caution where doubt remains.

The rule of la darar (لاضرر) negates rulings that cause undue harm, as derived from the Prophetic tradition.

The rule of taslit (تسلیط) grants owners authority over their property; the rule of yad (ید) presumes good faith possession.

Ijtihad requires mastery of Arabic, Quranic sciences, hadith, usul, and logic; taqlid applies to those lacking such mastery.

The principle of qabz (قبض) governs the transfer of ownership in certain contracts, such as gift and pledge.

Article 1 of the Code of Professional Conduct for Lawyers (آیین‌نامه وکالت) obliges lawyers to observe honesty, trustworthiness, and the interests of justice.

Article 20 of the Code prohibits a lawyer from accepting a case where a conflict of interest exists with a former client.

Article 26 requires lawyers to maintain confidentiality of client information acquired in the course of representation.

Article 30 prohibits advertising that misleads the public or disparages other lawyers.

Article 33 requires lawyers to charge fees consistent with the tariff set by the Bar Association.

Article 55 allows the Bar Association's disciplinary board to impose sanctions for professional misconduct.

Article 62 obliges a lawyer to withdraw from representation where continuing would breach the law or professional duties.

Article 80 of the Code of Criminal Procedure obliges defense counsel to maintain the confidentiality of the accused's disclosures.