نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق خصوصی، گروه حقوق، پژوهش محور دانشگاه آزاد اسلامی، تبریز، ایران
2 دانشیار حقوق خصوصی، گروه حقوق، دانشگاه آزاد اسلامی، تبریز، ایران (نویسنده مسئول)
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Sometimes events occur after concluding the contract correctly and commitment contractors in obligations of the contract that make it impossible to fulfill the contractual obligations. It is also clear that the commitment to the impossible affair is irrational, futile and legally invalid. As a result, considering the contractors responsible for adhering to the contract on the assumption that it is impossible to enforce is unacceptable and unpleasant. In the law of the case, impossibility and the reason for impossibility of performing the contract and non-fulfillment of the obligations arising from it, should not be able to invoke the obligor and is beyond his authority. Otherwise, the obligor is still responsible for non-performance of the contract. In jurisprudence, a rule has been stated under the title of "invalidity of the whole contract with the excuse of fulfillment in content", and it does not matter if the impossibility of fulfillment of the contract is from one of the parties or from both parties. This rule expresses the concept that if after concluding the contract, it is impossible to fulfill the obligations arising from the contract forever, the execution of the content of the contract and its obligations is not necessary and the transaction is void and there is no difference between contracts and this rule will be valid in all contracts even permissions. Iranian law has dealt with this in Articles 227 and 229 of the Civil Code, and there are conditions for fulfilling the title of impossibility of the implementation of the contract, without which this rule cannot be relied. Obviously, assuming the necessary conditions for the fulfillment of the obligation are fulfilled, the parties will be released from fulfilling the obligations. In this research, it has been tried to answer the question of what is the impossibility of compulsion and its legal effects in contractual obligations. Documentary analytical-descriptive method has been used in this research.
کلیدواژه‌ها [English]
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