Culmination of Law

Culmination of Law

Legal analysis of the Supreme Court Decision as a Unified Judicial Precedent No. 810 regarding the effect of contract termination on previous contracts

Document Type : Original Article

Authors
1 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iranersity
2 Doctoral student of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.22034/thdad.2024.561349.2259
Abstract
There is no consensus in Imamiyah jurisprudence regarding the effect of termination of the contract compared to the previous contracts, but it has been claimed that the famous termination does not have a regressive effect on the previous contracts. The civil law does not explicitly specify the task in this regard, but citing some articles of the law, most jurists have accepted the promise not to affect the termination of the contract on previous contracts. However, the non-effect of termination of the contract on previous contracts in cases where the right of termination and refund of the seller is included in the contract has been questioned in some court rulings, and finally due to disagreements in this regard, the Supreme Court Regarding the option of violating the condition of timely payment of the price stated in the contract, the country has ruled on the effect of terminating the contract on the previous contracts and returning it to the seller. In this article, the basis of the recent ruling in Imamiyah jurisprudence and the law in question will be examined with a look at the laws of other countries and it will also be determined that the ruling can be generalized to terminate the contract by inserting the termination condition due to violation of the terms of the contract Can be.
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