نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Contract does not always end to fulfill the obligation but after some time it is possible that it’s legal existence will end and be terminated by the will of one of the parties under conditions. Regarding the exercise of the right of termination and the ceremonies of its implementation in silent contract, this is one of important issues that just is it enough the beneficiary expression of will or is it necessary other formalities including to give advance notice from terminator to other party for resort to right of termination and to determine destiny of the contract. This article with the descriptive-analytical method discuss matter comparatively in Iranian law (before & after the Requirement for Official Registration of Immovable Properties Transactions Law) and some transnational documents. This research results show that unlike Iranian law that is under traditional termination pattern and the rule is lack of necessity of notice for termination, in transnational documents is stablished modern termination pattern and the rule of necessity of notice is flowing to rely on remedies (including termination) as a rebuttable presumption; A thing that is effective on the simplification of burden of proof for benefit of notice giver and the decrease of bring up undocumented lawsuit. At the same time, acceptance of that rule do not contradiction with none of rules govern on Iran’s legal system and it can be used alongside other rules considering new approach of the Requirement for Official Registration of Immovable Properties Transactions Law.
کلیدواژهها English