Mendeley  

Zotero  

Pourhosseini K, Ahmadi F, Namdar S. Judicial Approach towards the Harmful Effects Imposed on the Contractors as a Result of the Employers’ Unilateral Revocation of the Contracts. MLJ 2021; 15 :803-814
URL: http://ijmedicallaw.ir/article-1-1439-en.html

Background and Aim: The conditions, criteria and scales of the contracts’ revocation right in the international and domestic documents have been proposed respectively in feedback treaty and Iran’s general contracts’ conditions. The mechanisms required for the contract revocation and the contractors’ adherence to their obligations are noted, including in articles 46 and 48 of the general contracts conditions. The present study seeks investigating the effects and the outcomes of employers’ unilateral contract revocation in regard of the contractors from judicial perspectives.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: The general contract conditions, including in articles 46 and 48, are expressive of the legal relations between the employer and the contractor and, of course, due to the conditions stemming from the employers’ connection with the government, the latter’s domination over the various sectors of the civil reconstruction affairs and its appointment of the intended employers, have caused the employers to find themselves in unequal conditions. Relying on the same law and the other regulations that are enacted by the government, the judicial procedures, as well, permit the employers to unilaterally revoke the contracts and require the contractors to compensate the losses. Putting the contractors aside from the projects, filing lawsuit for their compensation of the losses and their replacement by the employers’ intended individuals are amongst the consequences of the judicial approach towards the parties’ revocation of the contracts.
Ethical considerations: In all of the writing stages of this research paper, the author has, meanwhile observing the texts’ originality, stayed adherent to such principles as honesty and trustworthiness.
Conclusion: The contractors’ conditions in Iran have created a sort of legal inequality amongst the parties due to the fact that the civil reconstruction affairs are done exclusively by the government and the employers are appointed by the governmental authorities and are in close contact with the relevant ministries and institutions. This inequality is observed in the form of the punitive and financial means, loss compensation and projects’ shutdown. Therefore, the contractors’ conditions are shaky in the general contracts conditions and, particularly, articles 46 and 48 for they are in favor of the employers. The amendment of the aforementioned articles and adoption of an equal approach in the general contracts conditions, specifically, and delegation of the civil reconstruction affairs to the private sectors, in general, are solutions for reducing the filing of loss compensation lawsuits against the contractors and establishment of a sort of legal and right balance between the parties.

Cite this article as: Pourhosseini K, Ahmadi F, Namdar Sh. Judicial Approach towards the Harmful Effects Imposed on the Contractors as a Result of the Employers’ Unilateral Revocation of the Contracts. Medical Law Journal 2021; Legal Innovation.