Document Type : Scientific Research
Authors
Abstract
Force majeure is a phrase that majority of lawyers speak about it and determined its impact on contract and parties obligations. But majority of Iranian lawyers and lawyers while speaking about khiare taazorre taslim, didn’t speak about temporarily stopping accomplishment of contract while delaying will cause damage to obligee. In foreign law, also, some lawmakers like French and English legislators, didn’t determine about temporarily hardship obviously. In this article we investigate books, reviews, rules and international convention to determine the sentence of the issue that in this assumption “can obligee terminate the contract or not”? Temporary hardship will terminate the contract if “time” is of the contract limitations. Hardship will cause termination option only when time and obligation are kinds of desirable multiplicity. The reason of acceptance of termination right of 167 institute of constitution, criterion unity of article 240, 380 of civil law, is obligation between reason and religion. With studying other countries law and international convention can understand reasonability and rational of termination right, if postponing cause damage, commonly.
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