Renunciation of resolution clause; a critique of judicial precedent

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Kazemy Mahmoud; Ghasemi Sajjad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Judgment Year:2024 | Volume:24 | Issue:3 (119) Page(s): 1-22

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

Renunciation of resolution clause; a critique of judicial precedent

Author(s)

Kazemy Mahmoud | Ghasemi Sajjad | Issue Writer Certificate

Keywords

Resolution Condition

automatic dissolution

renunciation of resolution condition

subsequent condition

Resolution

Abstract

The Resolution Condition, unlike the right to resolve a contract, which leads to the creation of the right of rescission, will automatically dissolve the contract, and its effect is not subject to the creditor’s will. However, the beneficiary of the Resolution Condition may seek to avoid the condition and secure his interests through the continuation of the contractual relationship or using other guarantees to enforce the breach of contract after the fulfillment of the condition. The possibility of waiving the Resolution clause is a point of dispute both in doctrine and in judicial precedents. Opponents of the possibility of waiving the Resolution Condition emphasize the coercive nature of the effect of such condition and the impossibility of restoring the dissolved contract, and on the other hand, among the reasons of the proponents, one can emphasize the protective nature of the Resolution Condition. This research, using jurisprudential and comparative law and judicial precedent, has concluded that due to the distinction between Resolution clause and the right to rescission institutions in Iranian law, it is not logically possible to unilaterally deviate from the Resolution Condition. However the parties can agree on the renewal of the contract after the fulfillment of the Resolution Condition.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans