Payame Noor University Civil Law Knowledge 2322-1712 4 2 2016 02 20 The Longitudinal and Transversal Relation of Coercion Right and Termination Right under the Effect of Breachof Term JafarAsgari, Mohsen Esmaeili The Longitudinal and Transversal Relation of Coercion Right and Termination Right under the Effect of Breachof Term JafarAsgari, Mohsen Esmaeili 36 43 2692 FA Journal Article 2015 06 01  <br />hand, even some of the jurists, stating the accuracy of innominate contracts, did not consider these agreements <br />under pactasuntservanda and proposed the aim of their stipulation for obtaining the irrevocability. Hence, the <br />subject of conditions got prominent role in Iran’s law which follows Shiite jurisprudence and it was reflected <br />under an independent chapter in Civil Code. <br />The requirement of ss. 237, 238, and 239 of Civil Code is, if the breach of affirmative term happened, the <br />innocent party cannot terminate the contract at first, but he only would have the coercion right to the other party; <br />moreover, on the second step he could take measure to terminate the contract if the essential requirements met. It <br />means that the remedy of coercion right and termination right are not in transversal relation. The major question <br />is whether we cannot abjudicate to the transversal relation of the coercion right and termination right under the <br />breach of term by considering the analysis of decisions, statements of jurists and legal writers, and the stage of <br />terms in contract law i.e. can the person in whose favor the term made utilize the termination remedy as soon as <br />the breach of term happens? It seems, the Shiite jurists has accepted this point of view by reference to the rational <br />proof, principle of harm, and the basis of the analysis of implied term under the contract law.  <br />hand, even some of the jurists, stating the accuracy of innominate contracts, did not consider these agreements <br />under pactasuntservanda and proposed the aim of their stipulation for obtaining the irrevocability. Hence, the <br />subject of conditions got prominent role in Iran’s law which follows Shiite jurisprudence and it was reflected <br />under an independent chapter in Civil Code. <br />The requirement of ss. 237, 238, and 239 of Civil Code is, if the breach of affirmative term happened, the <br />innocent party cannot terminate the contract at first, but he only would have the coercion right to the other party; <br />moreover, on the second step he could take measure to terminate the contract if the essential requirements met. It <br />means that the remedy of coercion right and termination right are not in transversal relation. The major question <br />is whether we cannot abjudicate to the transversal relation of the coercion right and termination right under the <br />breach of term by considering the analysis of decisions, statements of jurists and legal writers, and the stage of <br />terms in contract law i.e. can the person in whose favor the term made utilize the termination remedy as soon as <br />the breach of term happens? It seems, the Shiite jurists has accepted this point of view by reference to the rational <br />proof, principle of harm, and the basis of the analysis of implied term under the contract law. https://clk.journals.pnu.ac.ir/article_2692_536a2da37d3de14da7a096ddef63ebf2.pdf