حق فسخ قرارداد با وجود امكان الزام به اجرا در حقوق ايران

TERMINATION OF CONTRACTS WITH POSSIBILITY OF ENFORCEMENT

Contracts, as is famous in Iranian law, could be terminated if only could not be enforced and performed by whether obligor, or with his charges and by obligee or third party. This view, while may lead to some trouble and injustice for both parties or one of them in many cases, is baseless in Islamic law, as our legal foundation, and also inconsistent with French and Common Law and principles of international trade law. In addition, the above view could not be even logically supported by Iranian civil codeʹs provisions. The authorʹs view is, however, opposite to above famous one and is supported by Islamic law, civil code, other legal systems and international trade law.