نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Economic sanctions, by imposing restrictions on commercial transactions, fund transfers, and access to international markets, create challenges for the performance of commission agency contracts and the authorization granted by the principal. Such restrictions may affect the scope of the commission agent’s authority, entitlement to remuneration, and the liability of the parties. This study aims to analyze the legal effects of economic sanctions on the authorization underlying commission agency contracts, determine the commission agent’s entitlement to remuneration, and propose contractual mechanisms for managing the consequences of sanctions. The research adopts a descriptive-analytical methodology based on library research, Iranian laws and regulations, international legal sources, international commercial contract principles, and judicial practice. The findings indicate that economic sanctions do not, in themselves, terminate the authorization or discharge the parties from their contractual obligations; rather, their legal effects depend on the nature and severity of the restrictions, the contractual provisions, and the legal and practical possibility of performing the assigned mandate. Where sanctions prohibit or render performance impossible, reliance on the doctrine of impossibility of performance may be justified; however, a mere increase in costs or economic difficulty does not necessarily terminate the authorization or exempt a party from liability. Entitlement to remuneration should likewise be determined according to the completion of the mandate, the measures undertaken, the scope of the authorization, and the extent to which sanctions prevented completion of the transaction. Express sanctions clauses, a clear distinction between impossibility and hardship, precise conditions for entitlement to remuneration, and alternative methods of performance can reduce the legal risks associated with commission agency contracts under sanctions.
کلیدواژهها English
