نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The termination clause, as one of the most important tools of flexibility in contracts, plays a key role in guaranteeing the rights of the parties and terminating the contract under certain circumstances. This clause in Imami jurisprudence and Iranian law allows the parties to suspend their obligations and terminate the contract upon the fulfillment of certain conditions. An examination of the general rules of contracts shows that the termination clause, in addition to creating the possibility of termination, has a direct impact on the extinction of obligations, the return of the consideration, and compensation for damages. In Imami jurisprudence, the termination clause is based on the principles of contract and contract, and observing justice and the interests of the parties, and its effects are realized only after the declaration of the will of the party with the right to terminate. In Iranian law, according to Article 235 of the Civil Code, the termination clause is legitimate and valid, and its fulfillment causes the termination of the contract and the extinction of the obligations of the parties, although its implementation requires legal formalities and a declaration of will. The comparative comparison shows that Iranian law, by utilizing the capacities of Imami jurisprudence and modeling itself on the experience of modern civil law, can create a clearer and more efficient legal framework for the rescission clause. The findings show that the rescission clause is not only a tool for terminating the contract, but also plays an important role in ensuring justice, restoring the property, and compensating for damages, and indicates the need to revise laws and regulations to facilitate its implementation.
کلیدواژهها English