The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The effect of the theory of change of circumstances in the state of the administrative contract; A reflection on Iranian law

Document Type : Original Article

Authors
jabar tari 1
hassan pashazadeh 2
rahim vakil zadeh 3
1 PhD student in private law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
2 Assistant Professor, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran. (Responsible Author)
3 Associate Professor, Fiqh and Fundamentals of Islamic Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran.
10.22034/mral.2024.2013689.1532
Abstract
In recent decades, a theory called "change of circumstances" has been proposed in the laws of Arab countries. According to this theory, if after the conclusion of the contract, the circumstances and conditions at the time of conclusion change so that the implementation of the contractual obligations becomes extremely costly and harmful for one of the parties in an unconventional and forgivable way, the obligee can ask the other party to negotiate and compromise with take the resulting situation; If the other party does not agree to negotiate or the negotiations do not lead to a compromise; The obligor can ask the court to adjust the contract or cancel the contract. The research with a descriptive analytical method is trying to answer the question that in the current situation, is it possible to provide a solution for similar cases by using the ghoban cucumber with a new attitude, especially examining the basics of the ghoban cucumber and choosing its dominant basis? The results of the research show that this theory has been included as a legal rule in the laws of many countries of the world, but in Iran it has not yet been included in the legal texts with a specific title, so the judges in the courts can change the situation by referring to the rules.
Keywords
Change
circumstances
contractual obligations
requirements
performance of the contract
Subjects
The Journal of Modern Research on Administrative Law
Volume 7, Issue 22
seventh year, 22th issue, ّSpring 2025
Spring 2025
Pages 139-166

  • Receive Date 30 November 2023
  • Revise Date 28 February 2024
  • Accept Date 08 March 2024