The impact of unusual and unpredictable inflation in creating the right of termination for the contractor in projects based on the general terms of the contract
Subject Areas : Journal of Law and Politics
Soheil Ravagh Ardebilii
1
,
ahmad Yousefi Sadeghloo,
2
,
Pejman Pirooz i
3
1 - A. Student Of Private Law in Islamic Azad University, Science And Research Branch, Tehran, Iran .
2 - Assistant Professor Faculty of Law Theology and Political Science, Islamic Azad University, Science and Research Branch, Tehran, Iran
3 - Assistant Professor, Department of Private Law Group, Shahr-e-Qods Branch,Islamic Azad University,Tehran,Iran , (Responsible author)
p.piruzi@qodsiau.ac.ir
Keywords: right of termination, inflation, general conditions of the contract, adjustment, contract.,
Abstract :
The contracting contracts of the publication No. 4311 of the country's program and budget organization, known as the contract of general conditions of the contract, have been compiled while the contractor, according to the contract concluded between himself and preferably the government employer, does not have the necessary powers to terminate and a kind of contract is imposed on him. be made According to the clarity of Article 43 of the general conditions of the agreement regarding the explicit mention of similar events beyond the control of both parties in this article in the effects of inflation, especially unusual and unpredictable inflation in the subject of public contracts and even the private sector in case of compliance with the provisions of the general conditions of the agreement The right of termination will be available to the contractor. In this research, while conducting an analytical review and also with a comparative study of other contracts similar to the international standard with the set of general conditions of the contract, it was observed that due to the lack of attention of the relevant authority to the rights of the contractor, the right of termination for the contractor, especially due to the occurrence of conditions that If the parties were not involved in its creation, it will be certain.
