A comparative study of the conditions and effects of the dissolution of design and construction contracting contracts in Iranian and British law

Subject Areas : International Legal Research

mohsen kheiri ¹ , mohamadreza pirhadi ² , bakhtiyar abaslo ³

1 - PhD Student, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 - Assistant Professor, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran, Corresponding Author
3 - Assistant Professor, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran

Received: 2021-11-29 Accepted : 2022-03-08 Published : 2021-11-22

Keywords: Iranian Law, British Law, Contracting contract, design and construction contracts, dissolution of the contract,

Abstract :

Dissolution in its general sense is one of the most complex and important issues of contracts, especially in contractual agreements. "Design and construction" contracting contracts are widely used in civil and industrial projects and have similar and standard examples in the Iranian and British legal systems. In the United Kingdom, the example of the famous GTC contracts, and in Iranian law, the example of industrial design and construction contracts (known as EPC) and non-industrial (known as design and construction) contracts have many applications in this field. We will see that the rules and effects of dissolution of the contracts mentioned in Iranian law, although much more advanced and more carefully written than its predecessor, which is the "general terms of the contract", but the government's view of contract contracts in some cases balance the contract. It has led to the interests of the employer, which will be a major obstacle to the success of the contract and the reduction of claims arising from it. Certainly, using the experiences of other legal systems, including the British legal system in this field, while laying the groundwork for understanding new aspects and lesser-known principles, can enable the domestic legislature to provide an example of a comprehensive contract that explicitly states the obligations of the parties and its effects. Be helped.