"The Doctrine of Frustration in the English and Iranian law"

Subject Areas : Journal of Law and Politics

Omid Shabani ¹ , Laya Baradaran ²

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Received: 2015-10-12 Accepted : 2015-10-12 Published : 2013-07-23

Keywords: Frustration, Discharge of contract, Impossibility of performance,

Abstract :

The Doctrine of Frustration is one of the oldest theories which has been considered in the English legal system. It means where there is an extraneous event or change of circumstances so fundamental as to strike at the roof of a contract as a whole and beyond what was contemplated by the parties, that contract is considered to be automatically dissolved. Since in the Iranian legal system there is not an expressed theory of such, in this article the authors has endeavored to elaborate its history, meaning, conditions and effects in the English and Iranian legal system.