A comparative study of the effects of economic sanctions from the perspective of Iran's legal systems, international and Imami jurisprudence, and future solutions.

Subject Areas : Jurisprudence of transactions

Saideh Esmailyfard ¹ , Hossein Seyed Sadat Hosseini ² , Ramezan Dehghan ³ , Majid Heratiannejadi ⁴

1 - PhD Student in Private Law, Departmentof Law, Islamic Azad University, Damghan Branch, Semnan , Iran
2 - PhD in Private Law, Faculty Member, Assistant Professor, Department of Public andinternational law , Faculty of Law, Azad University Islamic University of Damghan, Semnan, Iran
3 - PhD in Private Law, Faculty Member, Assistant Professor, Department of Law, Faculty of Law, Islamic Azad University, Damghan Branch, Semnan, Iran
4 - PhD in International Law, Faculty member, assistant professor, law department, Department of Law, Islamic Azad University, Damghan Branch, Semnan, Iran

Received: 2022-11-17 Accepted : 2022-11-19 Published : 2022-03-21

Keywords: contract adjustment, International sanctions, Force Majeure, Sterilization, contract difficulty,

Abstract :

International sanctions, whether unilateral or multilateral, have always been used in order to change the behavior of the sanctioned country. The main question of the current research, which was done in a descriptive-analytical way, is that, firstly, what will be the status of the implementation of contracts as a result of the occurrence of international sanctions? Secondly, what are the solutions for managing the implementation of contracts during the period of intensifying international sanctions? The result of the present research is that from a legal point of view, the occurrence of international sanctions can be reconciled with three different doctrines, namely, force majeure, sterilization and the difficulty of implementing contracts. Considering that it is still possible to implement contracts despite international sanctions and only their intensification has made it difficult to implement contracts, international sanctions should be made more consistent with the doctrine of difficulty in implementing contracts, or hardship. One of the most effective solutions in the field of contract management in the era of international sanctions is contract modification.