1
Assistant Professor of Law Faculty of Shahid Beheshti University
2
M.A in Private Law at Electronic Branch of Islamic Azad University
3
MA Private Law
Abstract
Different types of options to terminate contracts require different bases. There are several bases including autonomy of the will of the parties of contract, the "no harm" rule and theory of mutuality of obligations. The "no harm" rule and theory of mutuality of obligations have very efficiency in the structure and analysis of termination of contracts. In this paper we are discussing the legal and islamic bases of options for termination of irrevocable contracts. This study will show whether the resolution of the contract is available upon the removal of the base of the option. In the meantime, the Iranian Civil Code as well as related materials will be critically reviewed. A question arises in options which based on "no harm" rule that, is payment or nullifying the loss sufficient for aborting the termination right or not? Iranian Civil code based on Islamic jurisprudence has different approaches in different options in such case. Thus this paper is discussing the relation of "no harm" rule with remaining or removal of termination option.
Elsan, M., Najafizadeh, L., Hoseini Eshlaghi, M. M., & Sabouri, H. (2017). Bases of Termination of Contract in Iranian Law and Islamic Jurisprudence. Judgment, 16(88), 73-89.
MLA
Mostafa Elsan; Leila Najafizadeh; Mir Mehdi Hoseini Eshlaghi; Hosein Sabouri. "Bases of Termination of Contract in Iranian Law and Islamic Jurisprudence". Judgment, 16, 88, 2017, 73-89.
HARVARD
Elsan, M., Najafizadeh, L., Hoseini Eshlaghi, M. M., Sabouri, H. (2017). 'Bases of Termination of Contract in Iranian Law and Islamic Jurisprudence', Judgment, 16(88), pp. 73-89.
VANCOUVER
Elsan, M., Najafizadeh, L., Hoseini Eshlaghi, M. M., Sabouri, H. Bases of Termination of Contract in Iranian Law and Islamic Jurisprudence. Judgment, 2017; 16(88): 73-89.
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