The Theory of Hardship in France, Germany and Britain

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Bastani Namaghi Reza; PARSAPOOR MOHAMMAD BAGHER

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Journal: Modern Technologies Law Year:2021 | Volume:1 | Issue:2 Page(s): 1-28

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Title

The Theory of Hardship in France, Germany and Britain

Author(s)

Bastani Namaghi Reza | PARSAPOOR MOHAMMAD BAGHER | Issue Writer Certificate

Keywords

Hardship

Revising of the Contract

Adaptation of the Contract

Pacta sunt servanda

Abstract

The Hardship of enforcing a contract is one of the most frequent problems in any legal system after a crisis; In this regard, the necessity of explaining a comprehensive theory about the Hardship, especially in the current situation as the most terrible crisis in recent centuries, is strongly felt. Today, many contemporary legal systems, including countries such as France, Germany, and the United Kingdom, have responded to the Hardship of enforcing the contract with convergent approaches. These legal systems, while explaining the necessary condition of Hardship, have also provided certain solutions for the problems of this matter in the realm of contract theory. The approaches of contemporary legal systems to the Hardship can be categorized under the two general forms with the titles of "Hardship as impossibility" and "maintaining the contract while reviewing it". Paying attention to these approaches in the Iranian legal system will provide very insightful achievements for Iranian jurists which can be used to achieve a proper balance between the principle of necessity and contractual justice.

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APA: Copy

Bastani Namaghi, Reza, & PARSAPOOR, MOHAMMAD BAGHER. (2021). The Theory of Hardship in France, Germany and Britain. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), 1(2 ), 1-28. SID. https://sid.ir/paper/372639/en

Vancouver: Copy

Bastani Namaghi Reza, PARSAPOOR MOHAMMAD BAGHER. The Theory of Hardship in France, Germany and Britain. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW)[Internet]. 2021;1(2 ):1-28. Available from: https://sid.ir/paper/372639/en

IEEE: Copy

Reza Bastani Namaghi, and MOHAMMAD BAGHER PARSAPOOR, “The Theory of Hardship in France, Germany and Britain,” MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), vol. 1, no. 2 , pp. 1–28, 2021, [Online]. Available: https://sid.ir/paper/372639/en

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