A comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudence

Subject Areas : All jurisprudential issues

Abdolrazzagh Musanataj ¹ , Seyyed Hossein Safaei ² , Asghar Arabian ³ , Najadali Almasi ⁴ , Mohsen Mohebi ⁵

1 - Ph.D Student in private Law, Depatment of private Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Professor of Private Law Department, Faculty of Law and Political Science, Tehran University, Tehran, Iran. (Corresponding Author)
3 - Associate professor Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
4 - Professor of Private Law Department, Faculty of Law and Political Science, Tehran University, Tehran, Iran.
5 - Associate professor Department of public and International law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University, Tehran, Iran.

Received: 2022-04-03 Accepted : 2022-05-13 Published : 2022-06-22

Keywords: hardship rule, harmlessness rule, theory of Imprevision, the theory new swindling,

Abstract :

A comparative study in the theory of imprevision after the amendments of French Civil Code in 2016 and comparision with the similar jurisprudence rules in Imamiah jurisprudenceAbstractAlthough in jurisprudence the reference to the theory of Imprevision is relatively limited, but nevertheless some rules and principles of jurisprudence such as the rule of hardship, new swindling and harmlessness in justifying such theories have been cited by legal writers. Although some jurists have equated the harmlessness, hardship and new swindling rules with the theory of Imprevision in French law, a distinction must be made between the above rules and the theory of Imprevision. However, the theory of hardship has enough consistency to resolve the troublesome situation of unpredictability and prevention until the ambiguity is resolved and a new rule is enacted. In other words, judicial modification or revocation of the contract, like the theory of non-contingency after the amendments to the French Civil Code, can be deduced from the rule of hardship.Key Word: theory of Imprevision, harmlessness rule, hardship rule, the theory new swindling