Volume 19, Issue 2 (2015)                   IQBQ 2015, 19(2): 25-50 | Back to browse issues page

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Parsapour1 M B, Zakerinia2 H. Sorts, Provisions and Effects of Non-performance Contract Excuses (Comparative Study on Iranian Legal System, Romano-Germanic, Common Law and Some International Instruments). IQBQ. 2015; 19 (2) :25-50
URL: http://clr.modares.ac.ir/article-20-9668-en.html
1- . Assistant Professor of Private Law, Tarbiat Modares University, Tehran. Iran
2- . Ph.D. student in Private Law, Qom University, Qom, Iran
Abstract:   (9610 Views)
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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Received: 2014/11/22 | Accepted: 2015/09/12 | Published: 2015/09/22

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