Effect of Contract Breach Indemnity in Rescission Right (Comparative Study in Important International Instruments and Juridical and Legal System of Iran

Subject Areas : Private law

rahim vakilzadeh ¹ , majid abbasi ² , reza ranjbar ³ , majid abbasi ⁴

1 - واحد تبریز
2 - واحد قائم شهر
3 - واحد تبریز
4 - واحد قائم شهر

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Option, Indemnity Right, Rescission, Detriment,

Abstract :

The principle of importance and strength of contracts and attempt to dissolute it unreasonably is one of fundamental principles for compiling acts and rules, that is, this matter is one of the greatest concerns for compilers of international deeds and documents . An attempt is here to answer this question if violator of fulfilling the contract before cancelling the contract by the person who has the right of option removes the factors which caused the option, the right of cancellation will be removed or not. To answer this question , first of all the views of Shiite jurisprudents and Iranian's legislators has been studied and then a comparative study has been made in three international documents and deeds, that is, convention on international sales of goods' , law principles of European contracts and principles of international commercial contracts for coming to a reasonable result .