The concept of interpretation and the necessity of identifying the institution of modification in contracts from the perspective of general Quranic rules, Iranian and British law
Subject Areas : Quarterly Sabzevaran Fadak
hasan jahanshahlo
1
,
vahid ghasemi ahd
2
1 - Islamic Azad University, Arak Branch
2 - Islamic Azad University, Arak Branch
Keywords: Contract Modification, Cancellation, contract execution, contract sterilization,
Abstract :
In many long-term contracts, circumstances arise that make its implementation extremely difficult. Of course, it is very clear that the concept of difficulty or impunity is completely different from the concept of impossibility or impossibility of implementation. It may not be possible to fulfill the contractual obligations, but it is very difficult to fulfill the obligation. Delays in contract enforcement are an important issue in most legal systems, such as the UK.If the occurrence of events and changes in the circumstances of the performance of the obligations of the contract cause excessive difficulty or unconventional loss for the obligor, the civil law in this case does not provide a clear solution. Due to the silence of the law, two solutions can be offered: First, we should not offer any solution based on principles such as contractual freedom and the principle of necessity, and we should ignore all the effects of the obligation to fulfill the obligation. Secondly, while acknowledging that the parties to the contract also foresaw the execution of the contract under normal circumstances, and considering that the execution of the obligation in such cases creates negative effects for the obligor, we should look for a suitable solution such as termination, termination and modification of the contract. Accordingly, while studying foreign law, based on the general Qur'anic rules such as the denial of hardship:other jurisprudential rules such as the denial of harm "no harm and no harm in Islam" to find a solution to We can modify contracts.
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