نوع مقاله : مقاله ترویجی
کارشناس ارشد حقوق خصوصی، دانشکده حقوق، دانشگاه شهید بهشتی. (نویسنده مسئول)
عنوان مقاله [English]
One of the effects of an apology is the obligatory exemption from contractual liability. In many transactions, the obligee may be exempt from damages for non-performance or delay in performance of the obligation, citing excuse. The reason for this ruling is the lack of causal relationship between non-performance of the obligation and the obligated act, because its existence is necessary to fulfill the contractual responsibility, and the occurrence of an excuse with its conditions causes the termination of the causal relationship. Of course, in some cases, due to obstacles, although the reason for the excuse can not be attributed to the obligee, the obligee still has contractual responsibility. This paper seeks to analyze the above conditions and obstacles with a comparative view of Islamic jurisprudence as one of the important sources of Iranian law and using descriptive-analytical and inferential methods and to show precisely what criteria and criteria he is committed to proving. , Is no longer obliged to perform the contract and is exempted from contractual responsibility.