Economic legal policies The right of termination in the subject law of Iran and the United Kingdom

Document Type : Original Article

Authors

1 PhD Student in Private Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.

2 Assistant Professor of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran.

Abstract

Termination is a legal act that is done by a will and is included in the number of contracts (Article 449 of the Civil Code). The best basis that can justify the option of termination if the obligor refuses to perform the obligation is the theory of condition according to Articles 235, 238 and 239 of the Civil Code. In Iranian law, options have no single basis and the effect of termination is according to the articles of the Civil Code, including Articles 287, 454 and 459 of the Civil Code from the time of termination. In English law, the cause is the basis for the termination of the contract, and according to the rules and regulations of English law, if the obligor fails to fulfill the obligations contained in the contract (whether the main obligations or minor obligations), the obligation of the obligor will be terminated. That is, the obligee can terminate the contract or ask the obligee to fulfill the obligation from the court. In this descriptive-analytical study, an attempt has been made to examine the legal and economic foundations of the right of termination in the law of Iran and the United Kingdom. The results indicate that the basis and source of termination of the contract in English law is the basis for the termination of the contract.

Keywords

Political Sociology of Iran
Volume 5, Issue 3
June 2022
Pages 731-748

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