نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In principle, contracts are formed for survival and durability. The principle of the necessity of contracts is considered one of the most fundamental principles in all legal systems, but this principle, like other principles, has exceptions. Events may occur during the life of the contract and make the implementation of the contract impossible or extremely difficult, or one of the parties to the contract may refuse to fulfill its obligations and breach the contract. This article examines one of the issues of the second assumption, namely the predictability of the breach of the contract and the guarantee of its execution, and studies the characteristics and conditions of this issue in Iranian law and jurisprudence. Although it seems that at first the concept of "foreseeable breach of contract" is not known in the general rules of Iranian contracts and no executive guarantee is explicitly provided for it, examining and exploring the issue in different legal systems has the advantage of familiarizing us with more effective methods and stronger solutions, and generally leads to similar results.
کلیدواژهها English