Document Type : Academicm and Research
Authors
1 Department of Law, Zanjan Branch, Islamic Azad University, Zanjan, Iran
2 عضوهیات علمی دانشگاه بین المللی امام خمینی
3 associate professor
Abstract
In this article, the theory of self-help remedy has been studied as a remedy for breach of reciprocal contractual obligations in Iranian and English legal systems and some international instruments. Whereas lien and price reduction has been recognized as examples of self-help remedy In English and some international instruments such as Principles of European Contract law (PECL) and UNIDROIT Principles of International Commercial Contracts; the theory of self-help remedy has not been recognized as a general rule for contract law in Iranian law. But lien has been recognized as particular rule for sale contract law. Although, there is some disagreement among Iranian legal scholars about its scope as a general rule in contract law or an exceptional rule which is related to contract of sale particularly. Also, It seems that the effects and ruling of the self-help remedy in Iranian legal system can be justified and accepted by the rule of “Taghas” in Imamiyah jurisprudence.
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