Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980)
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 nor...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2022-10-01
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| Series: | پژوهشنامه حقوق تطبیقی |
| Subjects: | |
| Online Access: | https://lps.journals.umz.ac.ir/article_3791_e273ce297ec3e9ad992f0fd60e2e4b67.pdf |
| _version_ | 1797942586488389632 |
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| author | Mehri Shams Jamshid Noorshargh Ahmad Shams Mehdi Montazer |
| author_facet | Mehri Shams Jamshid Noorshargh Ahmad Shams Mehdi Montazer |
| author_sort | Mehri Shams |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-10T20:10:54Z |
| format | Article |
| id | doaj.art-141d0f27b3f24e7da0999baba72e02b8 |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-04-10T20:10:54Z |
| publishDate | 2022-10-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-141d0f27b3f24e7da0999baba72e02b82023-01-26T11:07:05ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662022-10-01629712010.22080/lps.2022.23400.13313791Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980)Mehri Shams0Jamshid Noorshargh1Ahmad Shams2Mehdi Montazer3PhD student in private law, South Tehran Branch, Islamic Azad University, Tehran. Iran.Assistant Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran,Associate Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran. IranAssistant Professor, Department of Private Law, Faculty of Humanities, Damavand Branch, Islamic Azad University, Iran.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.https://lps.journals.umz.ac.ir/article_3791_e273ce297ec3e9ad992f0fd60e2e4b67.pdftermination of contractanticipation of violationconvention on the international sale of goodsfundamental violationiranian law |
| spellingShingle | Mehri Shams Jamshid Noorshargh Ahmad Shams Mehdi Montazer Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) پژوهشنامه حقوق تطبیقی termination of contract anticipation of violation convention on the international sale of goods fundamental violation iranian law |
| title | Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) |
| title_full | Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) |
| title_fullStr | Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) |
| title_full_unstemmed | Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) |
| title_short | Termination of the contract before the due date due to anticipation of violation of Iranian law and the Convention on the International Sale of Goods (Vienna-1980) |
| title_sort | termination of the contract before the due date due to anticipation of violation of iranian law and the convention on the international sale of goods vienna 1980 |
| topic | termination of contract anticipation of violation convention on the international sale of goods fundamental violation iranian law |
| url | https://lps.journals.umz.ac.ir/article_3791_e273ce297ec3e9ad992f0fd60e2e4b67.pdf |
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