Hardship in performance of contracts and its effects on Iranian law: Based on legal principles

Document Type : Original Article

Authors

1 Assistant Professor, Law, Faculty of Humanities and Social Sciences, Kurdistan University, Sanandaj, Iran.

2 Master in private law, Department of Law, Orumiea University, Orumiea, Iran.

https://doi.org/10.34785/j023.2021.005

Abstract

The difficulty of enforcing contracts and their effects have been much talked about in legal writings. Nevertheless, the theory of "Hardship" has not entered into our civil code. This gap between theory and pointless practice have many reasons. However, the legal validity of these rules and the possibility of invoking them in the courts has been less discussed. Of course, the court's ruling must be reasoned and documented by law, and other sources. Legal principles are one of these sources. Numerous principles such as loss, denial of embarrassment, observance of good faith, prohibition of encroachment on property, prohibition of abuse of right and prohibition of profiteering in emergency situations, can justify the cessation of the execution of the embarrassing contract and, consequently, the performance guarantee Appropriate such as termination of contract, modification of contract and suspension of performance of obligations is possible. Especially because due to the novelty of the subject, its ruling cannot be found in jurisprudence sources.

Keywords

References

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Comparative Studies on the Schools of Jurisprudence and its Principles
Volume 4, Issue 2
Publisher
August 2021
Pages 136-115

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