Relationship between the principle of unilateral irrevocability and the theory of anticipatory breach

Document Type : Original Article

Authors

1 Al-mustafa international university

2 Al-Mustafa International University , qom , Iran

10.48308/jlr.2022.225260.2073

Abstract

Anticipatory breach theory means that in contracts with protensive obligations, whenever, before the time of fulfillment of the obligation, in an acceptable and reliable manner, it is discovered that the obligor in the future does not want or can not fulfill its obligations, the obligee will have the right to suspend his mutual obligations and terminate the contract under certain conditions.The origin of this theory is European law and so far it has not been explicitly entered in Iran law. In feasibility study of the entrance this theory into Iran law, some consider it contrary to the principle of the unilateral irrivocability of contracts. the principle of unilateral of contract is that each party to the contract may not terminate the contract unilaterally , except in cases where it has such legal authority. In this article, the author seeks to specify the concept of this theory and the application of the principle of unilateral irrivocability of contracts, to prove that the theory of anticipatory breach does not contradict the principle of unilateral irrivocability of contracts.‌

Keywords

Main Subjects

Files

History

  • Receive Date: 30 December 2021
  • Revise Date: 28 April 2022
  • Accept Date: 07 May 2022

Share

How to cite

Statistics