Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The effect of failure to perform the contract on contractual liability with a comparative view in Islamic jurisprudence and Iranian law

Document Type : Review Article

Author
Seyyed Mostafa Milani
Master of Private Law, Faculty of Law, Shahid Beheshti University. (Corresponding Author)
Abstract
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.
Keywords
contractual excuse
contractual liability
Exemption from contractual liability
conditions of excuse
Barriers to exemption
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  • Receive Date 21 March 2022
  • Revise Date 21 April 2022
  • Accept Date 27 April 2022