نوع مقاله : علمی و پژوهشی
1 استادیار گروهحقوقخصوصیدانشکدهحقوقدانشگاه قم
2 2- دانشجوی دکتری حقوق خصوصی دانشگاه قم
عنوان مقاله [English]
Impossibility of performance in a contract is one of the basic conditions that render a contact null and void. Since the ultimate goal of all contracts is to fulfill a contractual promise, any type of commitment that is impossible to fulfill should be regarded null and void under this rule. This type of failure in a contract has been under careful scrutiny not only in the Islamic Jurisprudence and the Iranian law but also in foreign legal systems. Therefore, several theories have been allocated to this field. As such, in Common Law, any failure by the parties to fulfill a contractual promise due to the breach of contract or any cancellation of the aims of the contract has been considered as one of the reasons for the failure to implement a contract. Therefore, in this article, having examined the theories available in the Common Law, we analyze this case in the Iranian Law based on the Islamic Jurisprudence.
T. Ward Chapman (1960), Comment,"Contracts_ Frustration of Purpose", 59, Mich. L.Rev.
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