Effect of Force Major on Destiny &Base of Non-responsibility in Breach of Contractual Omission Obligations (Comparative Study Between Afghanistan &Iran Civil Law)

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ibrahimi alireza

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Journal: PRIVATE LAW Year:2020 | Volume:8 | Issue:29 Page(s): 9-30

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Information Journal Paper

Title

Effect of Force Major on Destiny &Base of Non-responsibility in Breach of Contractual Omission Obligations (Comparative Study Between Afghanistan &Iran Civil Law)

Author(s)

ibrahimi alireza | Issue Writer Certificate

Keywords

TerminationQ2

Removal of ObligationQ1

Suspension of ObligationQ1

ConsiderationQ1

Adjustment of ObligationQ1

Abstract

legislators in both countries Afghanistan and Iran have provided that, happening unavoidable external event is a cause for non-responsibility that Force major is one type of the event. Now considering effect of the event on obligator’ s responsibility and also natural difference between omission and positive obligations, we must to answer this, has the difference what effect on the destiny of the obligation and basis of non-responsibility. According to this, this paper by referring library resources and using analytic-description methods tries to specify the answer for the questions. By precise analyzing and general legal rules and jurisprudence, how the effect of the force major on breaking omission obligation is different than positive one and for this reason, the basis of non-responsibility is the Removal of Obligation and in result, lack of necessary conditions for establishing responsibility in contractual liability. also by happening the force major, the obligation is suspended or the contract is terminated. In this situation, by the basis, the Consideration for none-performance of contract is claimable against where it is provided for delay in performance of the contract, if the force major take places.

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APA: Copy

ibrahimi, alireza. (2020). Effect of Force Major on Destiny &Base of Non-responsibility in Breach of Contractual Omission Obligations (Comparative Study Between Afghanistan &Iran Civil Law). PRIVATE LAW, 8(29 ), 9-30. SID. https://sid.ir/paper/252685/en

Vancouver: Copy

ibrahimi alireza. Effect of Force Major on Destiny &Base of Non-responsibility in Breach of Contractual Omission Obligations (Comparative Study Between Afghanistan &Iran Civil Law). PRIVATE LAW[Internet]. 2020;8(29 ):9-30. Available from: https://sid.ir/paper/252685/en

IEEE: Copy

alireza ibrahimi, “Effect of Force Major on Destiny &Base of Non-responsibility in Breach of Contractual Omission Obligations (Comparative Study Between Afghanistan &Iran Civil Law),” PRIVATE LAW, vol. 8, no. 29 , pp. 9–30, 2020, [Online]. Available: https://sid.ir/paper/252685/en

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