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Feasibility of Waiving Termination after Its Occurrence
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Fatemeh Darvish1    , Davood Soltanian2 |
1- M.A, Departmnet of Law, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran. (Corresponding Author)
2- Ph.D, Departmnet of Law, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran |
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Abstract: (746 Views) |
Background and Aim: Automatic termination (infisakh), as one of the methods of self-effectuating dissolution of contracts, has always been a challenging issue in legal systems due to its involuntary and automatic nature. A fundamental question in this regard is the possibility of waiving the effects of automatic termination after its occurrence. This issue becomes particularly significant in cases where the parties seek to revive the contract. The aim of this research is to examine the legal and logical feasibility of waiving the effects of automatic termination after its occurrence and to analyze its conditions and limitations.
Materials and Methods: This article utilizes an analytical-descriptive method and a comparative study between Iranian law, Islamic jurisprudence, and foreign legal systems to examine the nature of automatic termination, its effects, and the possibility of party intention intervening to revive the contract after termination.
Ethical Considerations: All ethical principles were adhered to during the writing process of this research.
Findings and Conclusion: The findings of this research indicate that although the waiver of automatic termination after its occurrence may be legally possible in certain cases, it is subject to numerous limitations arising from the involuntary nature of such termination.
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Article number: 5 |
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Full-Text [PDF 582 kb]
(265 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/09/13 | Revised: 2024/11/15 | Accepted: 2024/11/20 | Published: 2024/12/21
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