Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 384-397 |
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Marandi B, Rafiei M T. A Comparative Study of the Legal Nature of Non-Fulfillment of Contractual Obligations Due to the Corona Virus Pandemic
in Iranian Legal System and International Documents. MLJ 2023; 17 (58) :384-397
URL: http://ijmedicallaw.ir/article-1-1651-en.html
URL: http://ijmedicallaw.ir/article-1-1651-en.html
1- Department of Private Law of the Aras International Campus of the University of Tehran, Tehran, Iran.
2- Aras International Campus of the University of Tehran, Tehran, Iran.
2- Aras International Campus of the University of Tehran, Tehran, Iran.
Abstract:
Background and Aim: In addition to the medical dimensions and the numerous social and economic effects that followed, the corona virus (Covid-19) pandemic also brought many issues from a legal point of view, including the non-fulfillment of contractual obligations, which is still a matter of discussion and opinion. The purpose of this article is to compare the legal nature of the non-fulfillment of contractual obligations due to the Corona pandemic in Iranian legal system and international documents.
Methods: This article has been written descriptively-analyticaly using library resources.
Ethical Considerations: This research has been done be observing ethical principles and trustworthiness in using the available sources.
Results: The findings indicate that in Iranian law, under the conditions of non-execution of the contract, it is possible to resort to the rule of force majeure and hardship and Corona can be considered as an example of force majeure. In international documents such as Unidroit and the Convention on the International Sale of Goods, the possibility of non-fulfillment of contractual obligations due to the pandemic-corona is possible among the examples of the force majeure and can be explained in the form of theories such as hardship and the difficulty of contract implementation.
Conclusion: There is a great similarity between Iranian law and international documents regarding the non-fulfillment of contractual obligations due to the pandemic, although in international documents, force majeure and especially the difficulty of contract implementation have been more clearly addressed.
Please cite this article as:
Marandi B, Rafiei MT. A Comparative Study of the Legal Nature of Non-Fulfillment of Contractual Obligations Due to the Corona Virus Pandemic in Iranian Legal System and International Documents. Medical Law Journal. 2023; 17(58): e27.
Methods: This article has been written descriptively-analyticaly using library resources.
Ethical Considerations: This research has been done be observing ethical principles and trustworthiness in using the available sources.
Results: The findings indicate that in Iranian law, under the conditions of non-execution of the contract, it is possible to resort to the rule of force majeure and hardship and Corona can be considered as an example of force majeure. In international documents such as Unidroit and the Convention on the International Sale of Goods, the possibility of non-fulfillment of contractual obligations due to the pandemic-corona is possible among the examples of the force majeure and can be explained in the form of theories such as hardship and the difficulty of contract implementation.
Conclusion: There is a great similarity between Iranian law and international documents regarding the non-fulfillment of contractual obligations due to the pandemic, although in international documents, force majeure and especially the difficulty of contract implementation have been more clearly addressed.
Please cite this article as:
Marandi B, Rafiei MT. A Comparative Study of the Legal Nature of Non-Fulfillment of Contractual Obligations Due to the Corona Virus Pandemic in Iranian Legal System and International Documents. Medical Law Journal. 2023; 17(58): e27.
Type of Study: Original Article |
Received: 2022/09/10 | Accepted: 2023/06/28
Received: 2022/09/10 | Accepted: 2023/06/28
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