| Autor: |
Mehri Shams, Jamshid Noorshargh, Ahmad Shams, Mehdi Montazer |
| Jazyk: |
English<br />Persian |
| Rok vydání: |
2022 |
| Předmět: |
|
| Zdroj: |
پژوهشنامه حقوق تطبیقی, Vol 6, Iss 2, Pp 97-120 (2022) |
| Druh dokumentu: |
article |
| ISSN: |
2423-7566 |
| DOI: |
10.22080/lps.2022.23400.1331 |
| Popis: |
The issue of breach of contract and the guarantee of performance resulting from it, is one of the important issues in contract law. Before the expiration of the obligation, based on the explicit announcement of the obligor or according to the current situation, one of the parties to the contract normally understands that the obligation will not be fulfilled in due time. In this case, 72 International Convention on the Sale of Goods 1980 stipulates "the existence of the right of termination on the basis of anticipation of infringement". However, no legal provision is specified in Iranian law. To what extent is this right of termination reflected in Iranian law? While examining Iranian law and citing general principles and rules, we seek to explain that on the one hand, the theory of termination of a contract before the due date is due to anticipation of violation in Iranian law and on the other hand, jurisprudential sources has no legislative history. The non-acceptance of the theory of termination of a contract does not contradict the rules governing the Iranian legal system and can be applied and accepted along with other rules. |
| Databáze: |
Directory of Open Access Journals |
| Externí odkaz: |
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