Babak Sheed
Abstract
As the judicial procedure ensures proper and lawful implementation of the law and statuary regulations, arbitration agreement is made for being sure of good performance of the contractual obligations. It is not exaggerate if assert that the parties may conclude the main contract based on its arbitration ...
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As the judicial procedure ensures proper and lawful implementation of the law and statuary regulations, arbitration agreement is made for being sure of good performance of the contractual obligations. It is not exaggerate if assert that the parties may conclude the main contract based on its arbitration clause. So, it is expected that the arbitration agreement or clause has a firmer position than a revocable contract to have a proper function with the wills of the parties. In legal writings and lawyer’s views there is no definitive opinion as to whether or not an arbitration agreement or cause is revocable or Irrevocable, in addition article 481(1) of civil procedure law states that written agreement between the parties is necessary to decline the arbitration agreement which it associates irreconcilability of the arbitration agreement but in article 481(2) has considers death as a cause of declining the arbitration agreement. Researchers have neglected on literal and historical interpretation of the regulations on arbitration. In this research has been attempted through the aforementioned approach means literal and historical interpretation, stabilize inefficacy of each party’s death on arbitration.
alireza ibrahimy
Abstract
legislators in both countries Afghanistan and Iran have provided that, happening unavoidable external event is a cause for non-responsibility that Force major is one type of the event. Now considering effect of the event on obligator’s responsibility and also natural difference between omission ...
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legislators in both countries Afghanistan and Iran have provided that, happening unavoidable external event is a cause for non-responsibility that Force major is one type of the event. Now considering effect of the event on obligator’s responsibility and also natural difference between omission and positive obligations, we must to answer this, has the difference what effect on the destiny of the obligation and basis of non-responsibility. According to this, this paper by referring library resources and using analytic-description methods tries to specify the answer for the questions. By precise analyzing and general legal rules and jurisprudence, how the effect of the force major on breaking omission obligation is different than positive one and for this reason, the basis of non-responsibility is the removal of obligation and in result, lack of necessary conditions for establishing responsibility in contractual liability. also by happening the force major, the obligation is suspended or the contract is terminated. In this situation, by the basis, the consideration for none-performance of contract is claimable against where it is provided for delay in performance of the contract, if the force major take places.
