SORTS, PROVISIONS AND EFFECTS OF NON-PERFORMANCE CONTRACT EXCUSES (COMPARATIVE STUDY ON IRANIAN LEGAL SYSTEM, ROMANO-GERMANIC, COMMON LAW AND SOME INTERNATIONAL INSTRUMENTS)

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PARSAPOUR MOHAMMAD BAGHER; ZAKERINIA HANIEH

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Journal: Comparative Law Researches Year:2016 | Volume:19 | Issue:2 Page(s): 25-50

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Title

SORTS, PROVISIONS AND EFFECTS OF NON-PERFORMANCE CONTRACT EXCUSES (COMPARATIVE STUDY ON IRANIAN LEGAL SYSTEM, ROMANO-GERMANIC, COMMON LAW AND SOME INTERNATIONAL INSTRUMENTS)

Author(s)

PARSAPOUR MOHAMMAD BAGHER | ZAKERINIA HANIEH | Issue Writer Certificate

Keywords

IMPOSSIBILITYQ2

FORCE MAJEUREQ2

HARDSHIPQ2

EXEMPTING AND LIMITING CLAUSESQ2

THE RIGHT TO REFUSE PERFORMANCE OF OBLIGATIONSQ2

Abstract

Contract excuses, as exceptions to the principle of necessity of contract, are concepts, which according to them, the parties can legally get rid of their failure of the contract’s obligations. Some excuses are without the will of the parties, and some others will be caused by one or both parties.Involuntary excuses may generally make the contract impossible to enforce (IMPOSSIBILITY), or they may make it hard to enforce (hardship). The writers are going to have a comparative study on both situations, «IMPOSSIBILITY» and «hardship», and their effects on the contract according to the legal systems and also regional and international instruments. They further wish to suggest a few articles (for Iran civil code), as proper decisions (termination, suspension and the right to terminate) for the contracts in these two situations.Having a comparative study on voluntary excuses «exempting and limiting clauses» and «the right to refuse performance of obligations», they found some evidences in Iran provisions, while a general regulation will be appropriate.

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APA: Copy

PARSAPOUR, MOHAMMAD BAGHER, & ZAKERINIA, HANIEH. (2016). SORTS, PROVISIONS AND EFFECTS OF NON-PERFORMANCE CONTRACT EXCUSES (COMPARATIVE STUDY ON IRANIAN LEGAL SYSTEM, ROMANO-GERMANIC, COMMON LAW AND SOME INTERNATIONAL INSTRUMENTS). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 19(2), 25-50. SID. https://sid.ir/paper/94183/en

Vancouver: Copy

PARSAPOUR MOHAMMAD BAGHER, ZAKERINIA HANIEH. SORTS, PROVISIONS AND EFFECTS OF NON-PERFORMANCE CONTRACT EXCUSES (COMPARATIVE STUDY ON IRANIAN LEGAL SYSTEM, ROMANO-GERMANIC, COMMON LAW AND SOME INTERNATIONAL INSTRUMENTS). COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2016;19(2):25-50. Available from: https://sid.ir/paper/94183/en

IEEE: Copy

MOHAMMAD BAGHER PARSAPOUR, and HANIEH ZAKERINIA, “SORTS, PROVISIONS AND EFFECTS OF NON-PERFORMANCE CONTRACT EXCUSES (COMPARATIVE STUDY ON IRANIAN LEGAL SYSTEM, ROMANO-GERMANIC, COMMON LAW AND SOME INTERNATIONAL INSTRUMENTS),” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 19, no. 2, pp. 25–50, 2016, [Online]. Available: https://sid.ir/paper/94183/en

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