نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The theory of contract death, as one of the modern theories in Western contract law, seeks to provide a new framework for analyzing the decline and dissolution of contracts. In Iranian law, despite the existence of traditional dissolution institutions such as nullity, rescission, termination, and impossibility of performance, there is a significant theoretical and legal gap regarding the identification and management of cases where a contract, despite its apparent survival, has lost its useful life. Therefore, the present study aims to investigate the feasibility of accepting the theory of contract death in Iran's legal system and analyze its relationship with traditional dissolution institutions, with an emphasis on legal foundations, the position of the principle of party autonomy, the rule of impossibility of performance, force majeure, the admissibility of citing it in judicial procedure, evidentiary challenges, and its effects on third parties. The research method is analytical‑comparative, utilizing library resources to examine various dimensions of the theory. The findings indicate that despite existing challenges, particularly the principle of necessity and adherence to contracts, Iran's legal system has the necessary capacity to accept the theory of contract death due to significant capacities in Imami jurisprudence (such as the rules of no harm and hardship) and the flexibility of some provisions of the Civil Code (such as Articles 363, 364, 219, and 220). International and comparative judicial practice, especially the arbitral awards of the Iran‑United States Claims Tribunal and the 2016 reforms of the French Civil Code, demonstrate the acceptance of concepts similar to contract death in advanced legal systems. However, evidentiary challenges and the lack of coherent judicial precedent in Iran constitute serious obstacles to the implementation of this theory.
کلیدواژهها English
