Sometimes, after the conclusion of the contract, events occur that fail the purpose of the parties in the contract and make its implementation fruitless for one or both parties to the transaction. This assumption is examined in common law under the "Doctrine of Frustration of Purpose", according to which the party whose purpose of the contract fails is exempted from fulfilling the obligation. There is no independent chapter in Islamic and Iranian law on this subject, but is it possible to accept such a view according to the jurisprudential principles and principles of Iranian law? At first glance, it may seem difficult to invoke this theory in Islamic jurisprudence and Iranian law in order to counter the principle of Pacta sunt servanda. However, a careful study of jurisprudential sources and the criteria of legal materials shows that this doctrine can be invoked like common law. This article uses descriptive-analytical and inferential methods to clarify the conditions and approach to which this theory can be cited in Islamic jurisprudence and Iranian law.
Furmston, Michael, Law of Contract, London: Oxford University Press, 2012
Heinz Treitel, Guenter, The Law of Contract, 14th ed, London: Sweet & Maxwell, 2015.
Herne Bay Steamboat Co v Hutton [1903] 2 KB 683.
James Scott & Sons Ltd v. Del Sel 1922 SC.
Krell v. Henry, [1903] 2 K.B. 740.
Maleki, Mohammad Reza, Mohammadzadeh, Ali. A Comparative Study of Concept and Bases of Frustration of Purpose Doctrine in Iranian and English Law, Asian Social Science; Vol. 12, No. 11; 2016 doi:10.5539/ass. v12n11p86
McKendrick, E., Contract Law, Palgrave, 12th ed. 2017.
McKendrick, E., FORCE MAJEURE AND FRUSTRATION OF CONTRACT, 2th ed, Informa Law from Routledge. 2014.
Murray, C., Holloway, D., Timson-Hunt, D, Schmittoffs: The Law &practice of International Trade, 11ed, London: Sweet & Maxwell, 2007.
Richard, P., Law of Contract, 9th ed, Pearson education limited, 2009.
Roebuck Derek, Law of Contract, The lawbook co. Ltd, Sidney, Melborn, Brisbane, 1974.
Smith, Thomas, A casebook on contract, London: Sweet & Maxwell, tenth Ed, 1996.
Taylor v Caldwell [1863] EWHC J1 (QB).
Weiskopf, N. R. Frustration of contractual purpose-doctrine or myth. John's Law Review,70 (2), 1996.
Milani,S. M. , Amini,M. and Akefi Ghaziani,V. (2024). Frustration of Purpose in Islamic and Iranian Law: A Comparative study with English Law. Islamic Law, 21(80), 149-176. doi: 10.22034/ilaw.2024.706936
MLA
Milani,S. M. , , Amini,M. , and Akefi Ghaziani,V. . "Frustration of Purpose in Islamic and Iranian Law: A Comparative study with English Law", Islamic Law, 21, 80, 2024, 149-176. doi: 10.22034/ilaw.2024.706936
HARVARD
Milani S. M., Amini M., Akefi Ghaziani V. (2024). 'Frustration of Purpose in Islamic and Iranian Law: A Comparative study with English Law', Islamic Law, 21(80), pp. 149-176. doi: 10.22034/ilaw.2024.706936
CHICAGO
S. M. Milani, M. Amini and V. Akefi Ghaziani, "Frustration of Purpose in Islamic and Iranian Law: A Comparative study with English Law," Islamic Law, 21 80 (2024): 149-176, doi: 10.22034/ilaw.2024.706936
VANCOUVER
Milani S. M., Amini M., Akefi Ghaziani V. Frustration of Purpose in Islamic and Iranian Law: A Comparative study with English Law. Islamic Law, 2024; 21(80): 149-176. doi: 10.22034/ilaw.2024.706936