Author

• A. Daroui

Abstract

Breach of contract, if it be fundamental, almost in all legal systems of world (national or extra-national), is cause of termination right for the other party. But, in the Iranian legal system, the famous opinion with the same criterion from decrees of act term is tended to theory of compulsion, and the termination is not accepted expect on the assumption that compulsion has not been possible and the obligation has not been executable by others with the expenses of the obligators. Considering the fact that the legislator does not speak of the necessity of compulsion in the chapter on the contract effects and on the time of stating the sanction of infringement of contract, and, considering the fact that the analogy of obligations concerning the act term -because of being secondary- with the main obligations is not correct, and considering some legal articles on certain contracts and some jurists’ opinions, specially the views of some contemporary jurists, one may show principle of primary termination in the Iranian legal system, too.

Keywords

• main obligation
• secondary obligation
• fundamental breach
• termination
• compensation of loss