Rationales and Applications of Mutuality of Obligations in Iranian Contract Law

Majid Sarbazian and Soroush Rostamzad Asli

Modern Applied Science, 2016, vol. 10, issue 12, 132

Abstract: In Iranian laws, commitment is exchangeable if it is of proper and rational interest. In exchangeable contracts, it needs that parties perform their commitments mutually and in the case of not performing the commitments by one party, another one can refuse its commitments as called lien. There are also cases in which some terms are cancelled since they destroy the powers of one party to enforce the other party in performing his commitment. On this basis, the main challenge of present paper is to study the nature and status of mutuality of obligations doctrine in Iranian laws and studying its basics and implications. At the end, it is recognized that although mutuality of obligations is not raised in Iranian laws as a legal doctrine, it is effective in shaping and undertaking an exchangeable commitment.

Date: 2016
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