Morteza Qsmzadeh; Mohammad Ghorbani Joybari
Volume 3, Issue 10 , March 2015, , Pages 101-119
Abstract
In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since ...
Read More
In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since dichotomy in time of credit affairs allows us to maintaincausing correlation of commitments and to separate them from each other at thesame time. Therefore, although traditional view of legal and jurisprudentialissues does not accept such a condition, following a new approach and focusingon credit reasons, it is possible to accept transposition in the effect of contracts.The issue examined in this research is that the parties may agree to "temporally"submit the transfer of ownership based on their ‘will’, since the field of creditaffairs follows sides` determination aside from developmental affairs. Based onthe principle of determination prominence and article 10 of the Civil Code, suchagreements should be corrected based on sentences, and hence we should notdeal with law issues by ignoring ‘will’ of parties as a result of inappropriate andphilosophical interpretations.
Homayoun Mafi; Meysam Rameshi; Ali Bagheri
Volume 3, Issue 10 , March 2015, , Pages 121-140
Abstract
Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption ...
Read More
Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption fromliability for damages arising from a breach of contract. In some cases, thecircumstances, which have been the basis of the contract balance at the time ofcontract formation, change and subsequently the performance of the contractbecomes difficult. The CISG contains no specific provision dealing withhardship (Ta'assor) and related exemptions. Therefore, a question arises as towhether the CISG covers such cases. There are different doctrinal views andjurisprudence which will be discussed in this article.
