Abuse of contractual rights during the contract implementation phase

Document Type : Original Article

Authors

1 Professor, Department of Private and Islamic Law, University of Tehran, Tehran, Iran

2 PhD Student in Private Law, Islamic Azad University, Sari, Iran

3 Doctor of Public Law, Judge of the Court of Administrative Justice

10.52547/jlr.2022.220984.1863

Abstract

This research has been written with the aim of investigating the abuse of contract law in the contract implementation stage. The enforcement of the rights arising from the contract must be done in its normal form, and deviating from the normal form of exercising the contractual right is considered a fault and leads to the abuse of the contractual right. No matter how much effort is made to prevent the abuse of the contractual right and to provide legal solutions and measures to guarantee strong and heavy performances, the recurrence of the abuse of the contractual right is inevitable, because it depends on the attitude of the rightful owner. He has the right to exercise his right. If he wants to abuse the right created by the contract concluded with others and exceed the scope of the right, the abuse of the contractual right will undoubtedly occur and there will be no escape from it. Contracts such as (Contracts with Imposition Conditions () Contracts with Obligation) (Contracts Affected by Changing Conditions) (Supplementary Contracts) and (Consumer Contracts) that are potentially abusive in private law. The existence of performance guarantees such as "modification of the contract", "termination of the contract", "compensation" and "invalidation of the contract" in the contract and laws is a key factor in preventing the abuse of contractual rights during the contract implementation phase.

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History

  • Receive Date: 05 March 2021
  • Revise Date: 25 November 2022
  • Accept Date: 11 December 2022

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