مطالعه تطبيقي اثر هاردشيپ (عسر و حرج) در اصول حقوق قراردادهاي اروپايي (PECL)، اصول قراردادهاي تجاري بين المللي (يونيدروا) و حقوق ايران

A Comparative Study on Effects of Hardship in Principles of European Contract law (PECL) ,Unidroit Principles of International commercial Contracts and Iranian law

This article analyzes the Principle of European Contract law (PECL), the Draft Common Frame of Reference(DCFR) ,the UNIDROIT Principle of International Commercial Contracts and Iranian law, if contracts can be terminated or adapted in response to fundamental change of circumstances and the hardship. In addition, it describes the solutions in the PECL and the UNIDROIT Principles and Iranian law. in Theory, There are three solution in response to Hardship situations: Dissolution by law , adaptation and termination of a contract, the PECL and the UNMDROIT Principles following the recognition of the renegotiation by the parties as a first solution and then they envisage the termination and the adjustment of contracts. Although, the Iranian law dose not recognize the theory of Hardship (as general rule) expressly, but there are some principles and bases can justify the theory of hardship in this legal system. Especially, the principle of distress and constriction will be effective in accepting the solutions of adaptation and termination of contract in the Iranian legal system.