بررسي تطبيقي حق فسخ به عنوان يكي از چاره هاي قانوني نقض تعهدات قرار دادي

A comparative consideration on the right to terminate the contract as a remedy for non-conformance of contractual obligations

Right to terminate the contract (avoidance) is an important remedy for the parties of a contract in the case of non-performing by another party to prevent more detriments to themselves, to terminate the contract that is not any more beneficial for the injured party to be continued. This remedy have been provided both in domestic laws (included Iran law) and in international conventions and principles such as CISG, The principles of European contract law and Unidroit principles of international commercial contracts. As follows in this essay, this remedy has limitations in Iranian legal system, so that it cannot appropriately provide the benefits of the injured party especially in the modern developed commercial transactions. Then it is necessary to improve our domestic rules in conformity with the international relevant principles and of course within the framework of our domestic and Islamic legal conceptions, through both more modern interpretation of present statutes and amending them by legislation.