Impossibility of Compulsion and its Legal Effects on Contractual Obligations

Document Type : Original Article

Authors

1 Ph.D. student of Private Law, Research Oriented Tabriz Islamic Azad University, Tabriz, Iran

2 Azad Islamic University-Tabriz

Abstract

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.

Keywords

References

-The Holy Quran
-Banai Oskooi, Majid(2013), "Modification of the contract in case of financial misconduct", Journal of Comparative Law Studies, Vol. 4, Number 1, pp. 41-61.
-Banai Oskooi, Majid( 2012), "Forced and voluntary dissolution of the acquitted contract", Journal of Civil Law, Payame Noor University, No. 4, p. 48.
-Zeraat, Abbass (2009), Rules of Civil Jurisprudence, Tehran: Javadaneh Publications.
- simaie saraf, Hussein, Abu Atta, Muhammad, Barmanzan, Fatima(2018), Methods of requiring the objective execution of the contract, Studies of Islamic Jurisprudence and Law, Volume 10, Number 18, Spring and Summer, pp. 203-230.
-Shabani, Omid (2019), "Study of the contract execution in Iranian jurisprudence and law", Journal of Islamic Jurisprudence and Law, Third Year, No. 6, p.18.
-Safaei, Seyyed Hussein (2009), "Civil Law", Vol. 1, Tehran: Mizan Publications.
-Alinejadi, Mohsen ,Alinejadi, Zahra( 2018), "Conditions governing abrogated contracts", Legal Research of Qanun Yar, Vol. 1, Number 4, pp. 41-52.
-Qureshi, Ali Akbar (1982),  "Dictionary of the Qur'an", Vols. 3 and 4, Third edition, Qom: Islamic Library.
-Dehkhoda, Ali Akbar (2006), "Dehkhoda Dictionary", Tehran: University Press.
-Katozian, Naser (2009), "General Rules of Contracts", Tehran: Mizan Publications.
-Katozian, Naser (2006), "Introductory Course in Civil Law", Legal Events, Tehran: Publishing Company.
-Katozian, Naser ( 2007), "Legal Practices", Fifth edition, Tehran: Publishing Company.
-Langroudi, Mohammad Jafar (2016), "Encyclopedia of Civil Law and Commerce", Tehran: Gognus Publications.
-Mohaghegh Damad, Seyyed Mostafa( 2015), "Rules of Jurisprudence", Civil Section, Vol. 2, Tehran: Samat Publications
-Ansari, Sheikh Mortaza (2004), "Ketab-e- Almakaseb", Second edition, Qom: Alemame- Montazer Publications.
-Khomeini, Ruallah (1984), "Tahrir al-Wasila", vol. 1, Qom: Publications of the Qom Islamic Teachers 
-Khoei, Seyyed Abolgasem(1990), "Mesbah al-Fiqhah", vol. 7, Beirut: Dar al-Hadi
-Sanhouri, Abdull Razaq(1958), " Alwasit fi sharaheh Ganune Madani", vol. 1, Cairo: Egyptian Ennahda School
-Mousavieh Bojnord, Seyyed Mohammad Hassan ( 1961), "Algavaed Alfiqha", vol. 5, Qom: Al-Hadi Publications.
-Tabatabaei Yazdi, Seyyed Mohammad Kazem(1920),  "Question and Answer, Najaf: and Question and Answer: Referendums and Opinions of the Great Faqih
-Tabatabai Qomi, Tsghi.(n.d), "Alanvar Albahyat fi Gavaed Alfiqha"
-Tarihi, Sheik Fakhrredin. (1996),"Majmaol Bahrein ", 6 volumes, Tehran: Mortazavi School Publications.
-Ameli Jabai, Zayn al-Din ibn Ali ibn Ahmad, Shahid Thani(1990), "Al-Rawdha al-Bahiyya in the explanation of the people of Damascus", 6 vols., Qom: Davari Publications.
-Farahidi, Khalil Ibn Ahmad. (1990),  "Al-Ain", 8 volumes, Second edition,   Almashorat Alhojreh Publications.
Journal of Studies in Islamic Law & Jurisprudence
Volume 14, Issue 26
March 2022
Pages 7-30

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