نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The possibility of breach of contract by the contracting parties always exists in domestic and international law. When the obligee announces before the deadline for the performance of the contract or it is clear from the circumstances that the obligation will not be fulfilled, what measures can the injured party take to protect his interests? Common sense dictates that the treatment of the incident should be done before it happens. Also, compliance with the principle of conflict between the two parties and the legal needs of international trade requires that solutions be thought of to deal with this legal reality, especially in the field of trade. The International Sale of Goods Convention, by accepting the theory of anticipatory breach of contract, proved that the science of law also respects the foresight of traders. and gives reasonable and fact-based forecasts over the basic and traditional principles of rights, therefore, it has considered the guarantee of executions such as suspension and termination of the contract to deal with possible violations. One of the important issues and topics in contract law is the issue of breach of contract and the guarantee of performance arising from it. In Iranian law and jurisprudence, among the effects of breach of contract by one party is the right of the other party to insist on the performance guarantee due to breach of contract. But the time to exercise this right is basically when the deadline for the execution of the contract has arrived and the obligee has not fulfilled his contractual obligations; But sometimes, before the obligation is due, based on the obligee's explicit announcement or according to the existing circumstances, the obligee reasonably and conventionally comes to the conclusion that the obligee cannot or does not want to fulfill his obligation within the stipulated time. In this case, the theory of foreseeable breach of contract is proposed as an emerging entity in contract law, and it allows the obligor to protect himself from the burden of contractual obligations that may be violated in the future by insisting on the guarantee of the performance of this theory. will be released and suspend or terminate the contract as the case may be.
کلیدواژهها English
