Sorts, Provisions and Effects of Non-performance Contract Excuses (Comparative Study on Iranian Legal System, Romano-Germanic, Common Law and Some International Instruments)

Zakerinia2, Hanieh; Parsapour1, Mohammad Bagher; Zakerinia2, Hanieh

Sorts, Provisions and Effects of Non-performance Contract Excuses (Comparative Study on Iranian Legal System, Romano-Germanic, Common Law and Some International Instruments)

Authors

Hanieh Zakerinia2 ¹

Mohammad Bagher Parsapour1 ²

Hanieh Zakerinia2 ¹

¹ . Ph.D. student in Private Law, Qom University, Qom, Iran

² . Assistant Professor of Private Law, Tarbiat Modares University, Tehran. Iran

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.

Keywords

Impossibility

Force majeure

Hardship

Exempting and limiting clauses

the Right to refuse performance of obligations