An Overview of the Doctrine of Frustration and Force Majeure

Subject Areas : Journal of Law and Politics

Omid Shabani ¹ , Asghar Haji mohammadi ²

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Received: 2015-11-30 Accepted : 2015-11-30 Published : 2014-05-22

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

Abstract :

The Doctrine of Frustration is a Theory which has been presented in English legal system. It expresses that the performance becomes impossible because of an event which occurs after the contract was made. The doctrine is similar to another Theory which is presented in French law called "Force Majeure". In this article the author has endeavoured to elaborate their meanings, conditions and effects in order to recognize the differences between these two theories.