ANTICIPATOR BREACH OF CONTRACT IN IRANIAN LAW: A COMPARATIVE STUDY ON THE UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (1980) AND FOREIGN LEGAL SYSTEM

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KAZEMI MAHMOUD; RABIEE MARZIEH

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Journal: CIVIL LAW KNOWLEDGE Year:2012 | Volume:1 | Issue:1 Page(s): 99-113

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Title

ANTICIPATOR BREACH OF CONTRACT IN IRANIAN LAW: A COMPARATIVE STUDY ON THE UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (1980) AND FOREIGN LEGAL SYSTEM

Author(s)

KAZEMI MAHMOUD | RABIEE MARZIEH | Issue Writer Certificate

Keywords

CONTRACTUAL OBLIGATIONSQ2

BREACH OF CONTRACTQ2

ANTICIPATORY BREACH OF CONTRACTQ2

CONTRACT DEADLINEQ2

Abstract

Resorting to remedies of contract usually propound when the due date arrives and promisor doesn’t perform his obligations and the actual BREACH OF CONTRACT occurs. It is also possible, prior to the date for performance of obligation, one of the parties by his statements, actions or circumstances leads another party to reasonably conclude that the promisor can’t perform his obligation in due time. In this case “that is named anticipatory BREACH OF CONTRACT” the question is whether the promise can be resorted to remedies for BREACH OF CONTRACT (suspension or termination of contract) or be obliged to wait until the time for performance arrives.Although the doctrine of anticipatory BREACH OF CONTRACT is a well-established theory in the common law (Britain and the United States of America) and also is recognized in the international provisions particularly in vienna convention on international sale of goods and some of the civil law countries (Germany, Italy, …), but this theory isn’t considered in Iranian law and there isn’t specific article allocated to it. In this article has tried to be clear the Iranian law position in this regard with comparative study.

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APA: Copy

KAZEMI, MAHMOUD, & RABIEE, MARZIEH. (2012). ANTICIPATOR BREACH OF CONTRACT IN IRANIAN LAW: A COMPARATIVE STUDY ON THE UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (1980) AND FOREIGN LEGAL SYSTEM. CIVIL LAW KNOWLEDGE, 1(1), 99-113. SID. https://sid.ir/paper/245939/en

Vancouver: Copy

KAZEMI MAHMOUD, RABIEE MARZIEH. ANTICIPATOR BREACH OF CONTRACT IN IRANIAN LAW: A COMPARATIVE STUDY ON THE UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (1980) AND FOREIGN LEGAL SYSTEM. CIVIL LAW KNOWLEDGE[Internet]. 2012;1(1):99-113. Available from: https://sid.ir/paper/245939/en

IEEE: Copy

MAHMOUD KAZEMI, and MARZIEH RABIEE, “ANTICIPATOR BREACH OF CONTRACT IN IRANIAN LAW: A COMPARATIVE STUDY ON THE UN CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS (1980) AND FOREIGN LEGAL SYSTEM,” CIVIL LAW KNOWLEDGE, vol. 1, no. 1, pp. 99–113, 2012, [Online]. Available: https://sid.ir/paper/245939/en

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