Document Type : .
Authors
1
PhD student, Department of Private Law, Faculty of Humanities, Maragheh Branch, Islamic Azad University, Maragheh, Iran
2
Associate Professor, Department of Private Law, Faculty of Humanities, Maragheh Branch, Islamic Azad University, Maragheh, Iran: (corresponding author).
3
Professor of Law Department, Faculty of Law, Tabriz University, Tabriz, Iran.
10.22034/ejs.2023.385361.1378
Abstract
Background and Aim: In Iranian law and the jurisprudence of Islamic Khamsa religions, there are various topics regarding the right of termination, and there are many differences of opinion and ambiguities in this regard. There are many questions in this regard. In this research, an attempt is made to analyze the descriptive and analytical method with regard to the divisibility of the right to terminate the contract, the rights of the contracting parties in case of non-performance of a part of the contract or its contrary and unreasonable performance, as well as in the case of having multiple rights or inheriting the right of termination, in the law Iran's civil society and Islamic religions should be examined.
Materials and methods: This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books and articles. In this research, in addition to descriptive, comparative and inferential answers to the above questions and other cases, also in cases where there is ambiguity through explanation, inference, analysis, reasoning and use of legal and jurisprudential rules and regulations and the spirit of the laws, the ruling of that statement becomes.
Findings: According to the general principle of faithfulness to the promise and the execution of the contract, the full implementation of the obligation intended by the legislator and the violation of the contract or the failure to fulfill its provisions are accompanied by the application of guarantees that are included in the text of the law and lead to compensation for damages, the efforts of all legal systems, including Iran and Egypt want to implement the contract as much as possible.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In the case of invalidity or termination, the breach of the contract only applies to that part of the contract, and the rest of the contract and the entire contract remain valid and valid, unless the violation of a part of the contract causes a fundamental violation, in which case there is a right to terminate the entire contract.
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