1
PhD Student, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
2
Assistant Professor, Law Department, Damghan Branch, Islamic Azad University, Damghan, Iran.
3
Assistant Professor, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/ejs.2024.451615.1755
Abstract
Background and Aim: The purpose of this article is contract termination and its application in Iranian and French jurisprudence. In fact, the purpose of the article is to examine the commonalities and differences between contract termination and its application in Iranian and French law. Materials and Methods: The research method is comparative and the method of collecting information is library. Materials and data are also qualitative and data collection was used in collecting materials and data. Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Findings: The findings of the article show that, unlike French law, Iran's law is silent on the right of early termination due to non-fulfillment of the main contractual obligation and does not include general rules in this case, while paying attention to certain issues. Among the complexity of the issue of identifying and analyzing the responsibility of the parties and its positive and negative consequences at the time of negotiation, conclusion, execution and settlement, it is among the most important matters of concern in the laws of the two countries. Conclusion: The results of the article show that in Iran's legal doctrine regarding the termination of the contract by one of the parties, a group justified the termination of the contract on the assumption of breach by one of the parties, while the other group justified the need to recognize the right of termination as They have emphasized a general rule regarding breach of obligation in all contracts.
Houshmand,M. , Hasani,A. and Khajehzadeh,A. (2024). Termination of the contract and its application in jurisprudence, Iranian and French law. Strategic Studies of Jurisprudence and Law, 6(5), 35-50. doi: 10.22034/ejs.2024.451615.1755
MLA
Houshmand,M. , , Hasani,A. , and Khajehzadeh,A. . "Termination of the contract and its application in jurisprudence, Iranian and French law", Strategic Studies of Jurisprudence and Law, 6, 5, 2024, 35-50. doi: 10.22034/ejs.2024.451615.1755
HARVARD
Houshmand M., Hasani A., Khajehzadeh A. (2024). 'Termination of the contract and its application in jurisprudence, Iranian and French law', Strategic Studies of Jurisprudence and Law, 6(5), pp. 35-50. doi: 10.22034/ejs.2024.451615.1755
CHICAGO
M. Houshmand, A. Hasani and A. Khajehzadeh, "Termination of the contract and its application in jurisprudence, Iranian and French law," Strategic Studies of Jurisprudence and Law, 6 5 (2024): 35-50, doi: 10.22034/ejs.2024.451615.1755
VANCOUVER
Houshmand M., Hasani A., Khajehzadeh A. Termination of the contract and its application in jurisprudence, Iranian and French law. SSJL, 2024; 6(5): 35-50. doi: 10.22034/ejs.2024.451615.1755