Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 10 3 2023 12 21 The Impact of Intentional Breach of Contract on the Validity of Exemption Clauses (A Comparative Study in Civil Law, Common Law, and Islamic Legal Systems, with Emphasis on Judicial Practices and Jurisprudential Foundations) The Impact of Intentional Breach of Contract on the Validity of Exemption Clauses (A Comparative Study in Civil Law, Common Law, and Islamic Legal Systems, with Emphasis on Judicial Practices and Jurisprudential Foundations) 123 152 2597 10.22091/csiw.2023.9361.2415 FA Ebrahim Abdipour Fard Professor, Department of Private Law, Faculty of Law, University of Qom. 0000-0001-6340-9733 Rohollah Rezayi PhD Student in Private Law, Faculty of Law, University of Qom. Journal Article 2023 04 26 Failure to perform contractual obligations may be unintentional or intentional. Intentional breach represents the most severe form of contract violation, consequently leading to unique consequences not applicable in cases of unintentional breaches, among various legal systems. One of the significant effects of intentional breach within the framework of compensatory arrangements is the inability of the breaching party to rely on an exemption clause it has obtained as a contractual benefit. A party that intentionally and willingly fails to fulfill its obligations should not be allowed to escape the consequences of its deliberate harmful actions by seeking refuge in an exemption clause contained within the contract. This article employs a descriptive-analytical approach to examine the practical and significant impact of intentional breach on the validity of contractual exemption clauses from an objective perspective, within the regulatory framework and judicial practices of three major legal systems (Roman-Germanic, Common Law, and Islamic Law). Failure to perform contractual obligations may be unintentional or intentional. Intentional breach represents the most severe form of contract violation, consequently leading to unique consequences not applicable in cases of unintentional breaches, among various legal systems. One of the significant effects of intentional breach within the framework of compensatory arrangements is the inability of the breaching party to rely on an exemption clause it has obtained as a contractual benefit. A party that intentionally and willingly fails to fulfill its obligations should not be allowed to escape the consequences of its deliberate harmful actions by seeking refuge in an exemption clause contained within the contract. This article employs a descriptive-analytical approach to examine the practical and significant impact of intentional breach on the validity of contractual exemption clauses from an objective perspective, within the regulatory framework and judicial practices of three major legal systems (Roman-Germanic, Common Law, and Islamic Law). https://csiw.qom.ac.ir/article_2597_0297133cc739883c0c735fb3a825fe02.pdf