نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the important matters in the law of contract is breach of contract and the sanctions (remedies) resulting from it. In Iranian law, resorting to sanctions (remedies) resulting from a breach of contract is applicable when the due date for performance of the contract has arrived and the promisor has not performed his contractual obligations. However, it is possible, in certain cases, that prior to the due date for performance of the obligation, based on the express declaration of the promisor and/or due to existing circumstances, the promisee reasonably concludes that the promisor cannot or will not perform his obligation on the due date. In this case, the doctrine of anticipatory breach of contract is propounded as a new legal establishment, and it permits the promisee, by resorting to the sanctions (remedies) of this theory, to free himself from his obligations in a contract that will encounter breach in the future, and accordingly undertake suspension or termination of the contract. The fundamental question is whether the promisee, prior to the due date for performance of the obligation, by invoking this doctrine, can resort to sanctions (remedies) resulting from breach of contract, or must wait until the due date for performance arrives. Although such a doctrine is not explicitly recognized in Iranian law and no specific article has been allocated to it, this research, through a review of the Iranian legal system and a comparative study with the common law system—in particular, English and American law—and also international legal documents, particularly the Convention on the International Sale of Goods (1980), concludes that the main bases of this doctrine exist in Fiqh and Iranian law, and by invoking general rules and principles, its acceptability in Iranian law can be established.
کلیدواژهها [English]
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