Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Necessity Principle in International Obligations and Contracts in the Light of the Adherence to Contracts Principle in Jurisprudence and Law

Document Type : .

Authors
Seyyed Rouhollah Momeni Habibabadi 1
Masoud Raei 2
Javad Panjepour 3
1 PhD student of Islamic Jurisprudence and Fundamentals of Islamic Law, Khorasgan Branch, Islamic Azad University, Isfahan, Iran.
2 Associate Professor, Department of Law, Theology and Islamic Studies, Najaf Abad Branch, Islamic Azad University, Isfahan, Iran: (Responsible Author).
3 Assistant Professor, Department of Law and Human Sciences, Khorasgan Branch, Islamic Azad University, Isfahan, Iran.
10.22034/ejs.2023.385146.1376
Abstract
Context and purpose: The principle of necessity is one of the most important rules and principles in the field of contracts. The question of this article is that how can the principle of necessity in international obligations and contracts be explained in the light of the principle of adherence to contracts in jurisprudence and law? The purpose of the article is to examine the mentioned question.
Materials and methods: This paper is descriptive and analytical method.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are respected.
Findings: The principle of necessity is accepted in jurisprudence. The principle of keeping one's promise, the principle of companionship, and the foundation of wisdom are among the jurisprudential foundations of the principle of necessity. In the civil law, from the point of view of the general jurists, Article 190 of the civil law implies the principle of necessity. Determining the status of the contract or its possible effects, doubting the existence of the right of rescission and doubting the duration of the right of rescission are among the most important applications of the principle of necessity in civil law.
Conclusion: In international contracts, the principle of necessity means the necessity of implementing and fulfilling assumed obligations. Therefore, this principle is not specific to the necessary contract, and the permissible contract must be implemented until it is terminated, and in a sense, it is mandatory for the subjects.
Keywords
The necessity principle
International contracts
The adherence to contracts principle
The fulfillment obligation
Subjects
Strategic Studies of Jurisprudence and Law
Volume 4, special issue - Serial Number 5
Studies of economic jurisprudence
Autumn 2022
Pages 437-454