Feasibility of Referring to Adjustment Theory in Iranian Law as a Solution in Contractual Excuse

Document Type : Original Article

Authors
Roshan Ali Shekari 1
Sayyed Mostafa Milani 2
1 Associate Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Master of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran (Corresponding Author)
10.22034/lc.2022.159596
Abstract
The Iranian legal system, with its contractual conflict, has proposed three solutions: "forced  Dissolution", "voluntary dissolution" and "suspension". The above-mentioned methods are not only undesirable in some cases, but also harm the contractors. For example, contractors in continuous contracts merely invest part of their capital in order for their goal to be realized. In such a situation, the belief in the dissolution or suspension of the contract leads to the non-receipt of such costs. To solve this problem in Iranian law, can the adjustment theory be invoked? Relying on descriptive-analytical method, the present article will answer this question while examining the concept and conditions of excuse as well as the types of adjustment in Iranian law. The results of this study indicate that it is possible to invoke the theory of moderation in the face of excuses; because the examination of the types of adjustment shows all types of which can be implemented.
Keywords
Excuse
Adjustment Theory
Excuse Solutions
Types of Adjustment