Modern Jurisprudence and Law

Modern Jurisprudence and Law

A comparative study of hardship theory, force majeure and contract sterilization

Document Type : Original Article

Authors
1 PhD Student in Private Law and Lawyer
2 Master student of International Business Law, Allameh Tabatabai University and a basic lawyer in a judiciary
10.22034/jml.2023.705620
Abstract
Hardship occurs when the occurrence of events fundamentally changes the contract balance, either due to an increase in execution costs or due to a decrease in the exchange value that the party receives. In such cases, one of the three effects of hard slope, namely dissolution, termination and adjustment, is considered as a solution.Theory of infertility contract in the sense in which the event without the involvement of the parties, suddenly, after the conclusion of the contract occurs and conditions governing the contract to the time of conclusion of the significantly changed that as a result of these changes, enforcing contracts the purpose of the contract is impossible and in some cases destroyed.Force majeure theory, this means that after an incident of performance contracts to external, uncontrollable and unpredictable, is impossible. But the theory of hardship, this means that the event is unpredictable and out of control Emergency contractual obligations will be difficult.
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Articles in Press, Accepted Manuscript
Available Online from 25 June 2023