بررسي تطبيقي قوه ي قاهره

A Comparative Study of Force Majeure

Force majeure or act of God refers to an event which is not predictable and avoidable and puts the warrantor in a state of inability to do his obligation . In the Iranian law and canon force majeure has a duty warrant that means it is not necessary to do obligation and the warrantor does not have any obligation in the contract, but both in the Iranian law and those of other countries, the authors of civil laws have also loaded force majeure with ordinal effect that some refer to as invalidation and some as dissolution. However ultimately the main result - that the warrantor does not have any obligation because of force majeure - is acceptable everywhere . In the law enforced in Iran Clauses 227 and 229 of the civil law are allocated to the discussion of act of God, and in the common law it is referred to as frustration. In the canon books, we can also find some related expressions such as celestial scourges, quarrel tools, common excuse and special excuse. Some canons have expressed the duty warrant of the problem that the warrantor does not have any obligation ; moreover , they have stated the ordinal warrant of the problem; that is, the dissolution or invalidation of obligation. The most important point of this research is the effects on the aforementioned juridical systems of force majeure. Another point is the relationship between force majeure and the concept of frustration as used in the common law .