The difficulty of compulsion and its legal effects in contractual obligations
Subject Areas :
Ali
ALAHYARI
1
(Ph.D. student of private law, Research-based Islamic Azad University, Tabriz, Iran)
Ali
Gharibe
2
(Private Doctorate, Assistant Professor, Islamic Azad University, Tabriz, Iran)
Keywords: compulsion, insolvency, contract execution, principle of the necessity of contract,
Abstract :
The aim of the parties in concluding a contract is to obtain the objective of the parties mentioned as the subject of contract and the terms of the concluded contract. Sometimes, the occurrence of the general and personal states in the undertaker causes to the conditions that the undertakers cannot fulfill his obligations. In this regard, one of these states is difficulty in implementation of the contract that in this case, the compulsion of the undertaker to implement the contract items causes his difficulty and insolvency.Examining the rule of difficulty and insolvency in fulfillment of obligations showed that implementation of this rule in the contractual obligations sometimes leads to exemption of the undertaker from fulfillment of obligation and sometimes, the primary governing rules are changed and shifted and the secondary rules are enacted which include the issue of divorce. In this article, this subject matter of the contract and its legal effects have been investigated in detail.
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