Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Other literature type . 2025
License: CC BY
Data sources: ZENODO
ZENODO
Other literature type . 2025
License: CC BY
Data sources: Datacite
ZENODO
Other literature type . 2025
License: CC BY
Data sources: Datacite
versions View all 2 versions
addClaim

Comparative Study of the Effects of Contract Rescission in Iranian Civil Law and Comparative Law

Authors: Muhammad Heydariy;

Comparative Study of the Effects of Contract Rescission in Iranian Civil Law and Comparative Law

Abstract

Contract rescission serves as a crucial legal mechanism for terminating contractual obligations, ensuring fairness, and maintaining the balance of rights between parties. This study aims to examine the effects of contract rescission in Iranian civil law and to compare them with those in comparative law, analyzing the legal aspects, conditions for rescission, and its consequences. In Iranian law, contract rescission is generally possible either legally or contractually, and its effects mainly include the termination of future obligations, restitution to the prior state, and compensation for damages resulting from contractual breaches. In comparative legal systems, particularly in French and English law, similar concepts exist; however, notable differences can be observed regarding restitution, the extent of damage compensation, and the role of the parties’ will. The research employs a descriptive-analytical method, relying on legal texts, doctrinal analysis, and judicial precedents to identify points of convergence and divergence among various legal systems. The findings indicate that while the fundamental principles of contract rescission are largely similar across jurisdictions, differences exist in the execution of rescission and its impact on complex economic contracts. Moreover, comparative law generally offers greater flexibility in determining the effects of rescission and compensating associated damages, whereas Iranian law provides a more defined and limited legal framework. This study concludes with recommendations to enhance the regulation of contract rescission in Iranian law, offering practical guidance for legal practitioners, judges, and contract drafters.

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green