Studies in Humanities
Zeynab Soltani
Abstract
Traditionally, the issue of "law governing private international contracts" has long been one of the most significant issues of laws conflict and at present, its importance has increased with the development of trade and commerce. The Iranian legislature has also addressed this issue in the second volume ...
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Traditionally, the issue of "law governing private international contracts" has long been one of the most significant issues of laws conflict and at present, its importance has increased with the development of trade and commerce. The Iranian legislature has also addressed this issue in the second volume of the Civil Code and has laid down Article 968 of this law as a rule regarding transactions, and apparently accepts the theory of "rule of law at the conclusion place" over contractual obligations, in exceptional cases. It also respects the will role of parties in recognizing the governing law. However in recent years, in light of recent developments in international law, legislators and, in some cases, jurisprudence have aligned them with legal doctrine and taken steps to adopt the latter theory. An examination of the French legal system indicates that by acceding to the 1980 Rome Convention, France has accepted the most important rule in Article 1 of the Convention, which is the "freedom of contracting parties to private international law to choose the law governing contractual obligations" and, except in cases the exception mentioned in the following articles of this Convention, this rule has caused a great change in the contract law of this country; However, before that, the judiciary of this country, with emphasis on the principles of free economy and capitalism, has more or less paid attention to this important and valuable rule.
Hamid Reza Salehi; Narges Baqeri-Motlaq
Volume 4, Issue 3 , July 2015, , Pages 185-196
Abstract
The Impossibility of performance of the contract as an exemption from liability, arising from the breach of contract, is an issue which is discussed in the sale contracts. International Sale of Goods which is enacted in 1980, discusses the matter in its Article 79. The CISG abstains to use such terms ...
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The Impossibility of performance of the contract as an exemption from liability, arising from the breach of contract, is an issue which is discussed in the sale contracts. International Sale of Goods which is enacted in 1980, discusses the matter in its Article 79. The CISG abstains to use such terms as Frustration and Force majeure which are used in national legal systems. This prevention of using such terms thought to be the way that CISG keeps itself independence from national legal systems. As a result the CISG ordains its specific terms and conditions to set up the exemption for damages arising from the breach of contract by the person who has faced impediments and breached the contract. This research studies different aspects of the impossibility of performance of contract in The Convention on the International Sale of Goods, therefore not only it presents the concept and bases of occurrence of the Force majeure, it discusses applicable examples such as sanctions and changes in regulations as Force majeure.