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Rationales and Applications of Mutuality of Obligations in Iranian Contract Law

Author

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  • Majid Sarbazian
  • Soroush Rostamzad Asli

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.

Suggested Citation

  • Majid Sarbazian & Soroush Rostamzad Asli, 2016. "Rationales and Applications of Mutuality of Obligations in Iranian Contract Law," Modern Applied Science, Canadian Center of Science and Education, vol. 10(12), pages 132-132, December.
  • Handle: RePEc:ibn:masjnl:v:10:y:2016:i:12:p:132
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    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

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