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 |
| _version_ | 1797375856628203520 |
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| author | Habibollah Rahimi Zohreh Karimi |
| author_facet | Habibollah Rahimi Zohreh Karimi |
| author_sort | Habibollah Rahimi |
| collection | DOAJ |
| description | 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 |
| first_indexed | 2024-03-08T19:30:17Z |
| format | Article |
| id | doaj.art-4b4bab7548c04387ade7fd65c1932571 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:17Z |
| publishDate | 2011-12-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-4b4bab7548c04387ade7fd65c19325712023-12-26T07:46:22ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322011-12-011263872231The basis of the Severability of Contracts in Iranian LawHabibollah Rahimi0Zohreh Karimi1دانشگاه علامه طباطبائیکارشناسی ارشد دانشگاه علامه طباطبائیContinuance 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 reasonshttps://jplr.atu.ac.ir/article_2231_8c7468a71dfbd7ba2f20b95224fa5ad8.pdfcontractpartial performanceseverabilityenforceability and validity |
| spellingShingle | Habibollah Rahimi Zohreh Karimi The basis of the Severability of Contracts in Iranian Law Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī contract partial performance severability enforceability and validity |
| title | The basis of the Severability of Contracts in Iranian Law |
| title_full | The basis of the Severability of Contracts in Iranian Law |
| title_fullStr | The basis of the Severability of Contracts in Iranian Law |
| title_full_unstemmed | The basis of the Severability of Contracts in Iranian Law |
| title_short | The basis of the Severability of Contracts in Iranian Law |
| title_sort | basis of the severability of contracts in iranian law |
| topic | contract partial performance severability enforceability and validity |
| url | https://jplr.atu.ac.ir/article_2231_8c7468a71dfbd7ba2f20b95224fa5ad8.pdf |
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