نوع مقاله: علمی - پژوهشی(حقوق خصوصی)
نویسندگان
1 استاد دانشگاه
2 مدرس دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the important matters in the law of contract is breach of contract and sanctions (remedies) resulting from the breach. In the Iranian Law, resorting to sanctions (remedies) resulting from the contract breach is applicable, when the due date for performance of contract has been arrived and the promisor has not performed his contractual obligations; But it is possible, occasionally, prior to the due date for performance of obligation, on basis of express declaration of the promisor and; or due to existing circumstances, the promisee reasonably conclude that the promisor cannot or will not perform his obligation in due date. In this case, the doctrine of Anticipatory Breach of Contract propound as a new legal establishment and it permits to the promisor , by resorting to sanctions (remedies) of this theory, to gets rid of his obligations in the contract that will encounters with breach in the future ,and proportionately enterprises to suspension or termination of contract. The fundamental question is whether the promise, prior to the due date for performance of obligation, by invoking to this doctrine, can be resorted to sanctions (remedies) resulting from breach of contract or be obliged to wait until the due date for performance arrives.
Although such doctrine isn’t considered in Iranian law and there isn’t specific article allocated to it, but in this research through review of Iranian legal system and comparative study with Common Law system, in particular, English & American Law and also international law documents particularly convention on international sale of goods(1980), we conclude that the main bases of this doctrine is available in Figh & Iranian Law and by invoking to general rules and principles can be stated to acceptability of this doctrine in Iranian Law.
کلیدواژهها [English]
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