نوع مقاله : مقاله مستخرج از رساله دکتری
1 دانشجوی دکتری،گروه حقوق،واحد اراک، دانشگاه ازاد اسلامی ، اراک، ایران
2 استادیار،گروه حقوق،واحد اراک،دانشگاه ازاد اسلامی، اراک ، ایران
3 استادیار، گروه حقوق،واحد اراک، دانشگاه ازاد اسلامی، اراک ، ایران
عنوان مقاله [English]
The most important principle in concluding a contract is the possibility of its execution. The discussion of adjustment in the contractual implementation and the guarantee of its implementation is raised if after the conclusion of the contract due to reasons that are not attributable to the contracting parties, its implementation becomes impossible. Obstruction in contract execution is an important issue in most legal systems such as England, while there are differences regarding this issue.
According to Article 229 of the Civil Code of Iran, the obligor is exempted from fulfilling the obligation. However, if due to the occurrence of accidents and changes in the circumstances at the time of the conclusion of the contract, the execution of the contract causes excessive difficulty or unusual loss for the obligee, and at the same time the execution of the obligation is not impossible, the law of our country does not provide a clear solution in this case. slow
In this article, we will do a comparative study of the conditions and obligation of the rule of default in Iranian law and the conditions of contract adjustment in English law and how to implement it and we will state the differences. In fact, the goal of achieving uniform rules based on comparative legal principles will be to create a uniform procedure for judicial courts.