Comparison of Iranian Civil Law and International Law on Termination of Contracts

Hamid Putanloui, Leila Ghalijaie, Meysam Eslami


The expansion of relations between countries has led to an increase in international transactions, and since trading and economic activity in general require special legal rules, in some cases, according to international transactions, the rules in the world's major legal systems enter the international arena. These rules have sometimes been agreed upon by countries to adapt to the needs of international trade by amending the relevant documents. In the present article, the research method has been library and also the collection of information has been descriptive, analytical and comparative methods. In the end, some rules can be obtained, including the rule "right of cancellation due to the anticipation of breach of contract" referred to in Article 72 of the Convention on the International Sale of Goods. According to this article, if it is revealed before the due date that the obligation will not be reasonably fulfilled, such as if the obligor declares that he will refuse to fulfill his obligations, the other party may announce his decision to terminate the contract by sending a statement. If the obligor refuses to provide an appropriate guarantee for the performance of the contract, the obligee will have the right to terminate the contract.


Termination; Actual Breach of Contract; Possible Breach of Contract; Guarantee of Contract Performance

Full Text:



Azeredo da Silveira, Mercedeh (2005) “Anticipatory Breach Under the United Nations Convention on Contracts for International Sale of Goods”, Nordic Journal of Commercial Law

Bahrami Ahmadi, Hamid, (2002 AD), General Contracts - Civil Law 3 - Mizan Publishing, Tehran

Chengwei, Liu (2003) "Remedies for Non – Performance: Perspectives from CISG, UNIDROIT Principles & PECL", Available on line at: 2012/8/

Darabpour, Mehrab, (1994 AD) Comparative evaluation of the same obligation, Journal of Legal Research, No. 29

Darabpour, Mehrab, (1998 AD) Damage Management Rule, Ganj-e-Danesh Publications, Tehran

Darabpour, Mehrab, (1995 AD) Interpretation of International Sale Law, Ganj-e-Danesh Library Publications, Tehran

Enderlein, Fritz & Maskow. Dietrich, International sale law, oceana publications, New York, 1992

Gilbey Strub, M, July 1989 Anticipatory repudiation provisions & developing countries, international & comparative law quarterly

Hemmatkar, Hossein, (2005 AD), Theory of dealing with possible breaches of contract, Journal of the Faculty of Administrative Sciences and Economics, University of Isfahan, Volume 17, Number 2

Katooziyan, Nasser; (1997 AD) General Rules of Contracts, Publication, Tehran

Kazemi, Mahmoud, (2012 AD) Possible breach of contract in Iranian law with a look at the Convention on International Sale of Goods and Foreign Legal Systems, Danesh Quarterly, First Issue

Mafi, Homayoun, (2011 AD) Investigating the right to refund due to the prediction of breach of contract in the Convention on International Sale of Goods and Iranian Law, Journal of Legal Studies, Volume 3, Number 1

Maqdadi, Mohammad Mehdi, (2005 AD) Investigating the Prediction of Contract Violation in the Convention on International Sale of Goods, Comparative Law and Iran, Journal of the Faculty of Humanities, Semnan University, No. 19

Naeini, Ahmad Reza, (2006 AD) The role of civil law commissions in drafting this law, Payame Baharestan Magazine, Volume 2, year 2, Issue 5

Naeini, Ahmad Reza, (2009 AD) The role of Reza Khan in the development of civil law, Payam Baharestan Magazine, No. 3

Olfat, Hossein, (2012 AD) Evaluation of the theory of predicting contract breach from the perspective of Imamiyyah jurisprudence and Iranian law Journal of Islamic Law, Year 9, No. 33

Rahimi, Habibullah (2005 AD), Predicting Contract Violation, Journal of Legal and Political Research, 2005, No. 14

Sadeghi, Mir Mohammad, (1998 AD) A Review on British Law, Lawyers Publishing, Tehran

Sadeghi Neshat, Amir, (2009 AD) The right to terminate the contract despite the possibility of enforcement in Iranian law, Law Quarterly, Journal of the Faculty of Law and Political Science, University of Tehran, Volume 39, Number 4, Winter.

Safaei, Hossein, (2009 AD) Basic Civil Law Course, General Rules of Contracts, Pen, Qom

Safaei, Seyyed Hassan et al., (2008 AD) International Sale Law or Comparative Study, University of Tehran Press, Tehran

Shahidi, Mehdi, (2002 AD) Fall of Obligations, Tehran, Majd Scientific and Cultural Association

Shaygan, Ali, (1993 AD) Iranian Civil Law, Sokhan, Tehran

Shirvi, Abdolhossein, (1998 AD), Termination of contract in case of refusal to fulfill an obligation in Iranian law, Qom Higher Education Journal, No. 1

Zanjani, Amid, (1991 AD) Rules of Private Law, Territory, Qom

Zarang, Mohammad, (2010 AD) Transformation of the Iranian Judicial System, Kar, Tehran



  • There are currently no refbacks.

Copyright (c) 2021 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
Copyright © 2014-2018 IJMMU. All rights reserved.