Analysing The Conditions and Effects of The Excuse of Surrender in Creating Obligations and Contracts

Noushin  Saeidi; Mohammad Salari

doi:10.63053/ijrel.28

Authors

Noushin Saeidi Phd in Private Law, Faculty of Law, Islamic Azad University, Jiroft Branch, Kerman, Iran
Mohammad Salari Master of Private Law, Faculty of Law, Islamic Azad University, Jiroft Branch, Kerman, Iran

DOI:

https://doi.org/10.63053/ijrel.28

Keywords:

Surrender Excuse, Commitment, Contract, Parties To The Contract, Civil Law.

Abstract

In contracts concluded between the parties, sometimes due to conditions or circumstances such as loss, lack of access to the subject of the obligation, the expiration of its basic purpose legal or personal obstacles, etc., the fulfilment of the obligation is impossible. One of the options that can be used as a reason to terminate contracts is the thorn of excuse, which is not explicitly stated in civil law, but in addition to jurisprudential sources such as some great jurists, including martyrs, can be done in this regard. He cited Articles 239, 240, 380, 476 and 534 of the Civil Code. Based on this option, if it becomes impossible to fulfil the obligation for either party to the contract, the other party acquires the right to terminate the contract. The meaning of excuse option is an option that is created for the other party due to the incapacity of the party and the loss of the power of surrender or the power to fulfil the obligation and condition of one party, and the excuse of incapacity and loss of power. The purpose of this study, which was carried out in a descriptive-analytical way and with a library method, is to analyze the conditions and effects of the option of surrender in the creation of commitments and contracts.

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