نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری گروه حقوق خصوصی، واحد مراغه، دانشگاه آزاد اسلامی، مراغه، ایران
2 استادیار گروه حقوق خصوصی، واحد مراغه، دانشگاه آزاد اسلامی، مراغه، ایران
3 استاد گروه حقوق دانشگاه تبریز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
According to the general principle of faithfulness to the promise and the execution of the contract, the full implementation of the obligation intended by the legislator, and the violation of the contract or the failure to fulfil its provisions are accompanied by the application of guarantees that are included in the text of the law and leads to compensation for damages. The efforts of all legal systems, including Iran and Egypt are to implement the contract as much as possible, and in this research, an attempt is made to use a descriptive-analytical method, considering the divisibility of the right of dissolution of the contract, the rights of the contracting parties in case of non-implementation of a part of the contract or its contrary and unreasonable implementation, and also in case of having the right and the multiplicity or inheritance of the right of dissolution has been researched in the civil law of Iran and Egypt that in these circumstances (nullification or dissolution) the violation is only on the same part of the contract and the rest of the contract and the whole contract remain valid, unless the violation of a part of the contract causes a fundamental violation, in which case there is a right of dissolution the entire contract.
کلیدواژهها [English]