Document Type : Original Article
Authors
1
Ph.D Student in private Law, Depatment of private Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Professor of Private Law Department, Faculty of Law and Political Science, Tehran University, Tehran, Iran. (Corresponding Author)
3
Associate professor Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
4
Professor of Private Law Department, Faculty of Law and Political Science, Tehran University, Tehran, Iran.
5
Associate professor Department of public and International law, Faculty of Divinity, Political Science and Law, Science And Research Branch, Islamic Azad University, Tehran, Iran
10.22034/jlr.2022.226251.2126
Abstract
According to Article 1195 of the French Civil Code Amendment adopted in 2016, modification and revocation of the contract assuming a change in economic situation and a sharp increase in contract costs in long-term contracts by the court if the parties do not agree to resolve the problem Through renegotiation between the parties is explicitly accepted in Iranian Law. The effect of judicial modification or revocation of the contract is accepted if the loss of balance of the contract due to changes in circumstances in a way that is unpredictable and unavoidable and leads to the implementation of the contract becomes more difficult. Although the judicial modification of the contract is not explicitly stated in case of unforeseen circumstances, according to the no-harm rule, new swindling rule, negation of hardship rule, or theory of the real intention of parties, judicial modification of the contract can be deduced.Although some jurists believe that revocation is more compatible with Iranian law, the judicial modification of the contract is more in line with the principle of contract survival.
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