The basis of the Severability of Contracts in Iranian Law
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2011-12-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_2231_8c7468a71dfbd7ba2f20b95224fa5ad8.pdf |
| Summary: | Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of severance of a contract come into existence. The principle of severability of contracts prevents termination of a contract as a whole, in the case of partial breach or non-performance. Thus whenan abstraction is occurred on the way of complete performance, partial performance of a contract is better than termination of the contract as a whole. This rule is the result of the principle of severability of a contract and for non-severability there should be legal or contractual reasons |
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| ISSN: | 2345-3583 2476-6232 |