نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
comparative approach to examine how "force majeure" in Iranian law and "frustration of contract" in English law affect an employer's powers in construction contracts. The key question is to what extent the employer may exercise suspension, variation, or termination in response to such circumstances. Using a descriptive-analytical and comparative method, data are gathered from library sources, legislation, and case law. Findings show that in Iran, ambiguity in defining force majeure and judicial inconsistencies—especially regarding war and pandemics—allow unilateral interpretation favoring the employer. The employer may deny force majeure and compel the contractor to perform even under war or widespread sanctions. In contrast, English law, through frustration and force majeure clauses, offers a more structured framework with strict judicial oversight, preventing unilateral interpretation. However, due to stringent requirements for proving "radical impossibility" or "fundamental change of contractual purpose," this doctrine is rarely applied in practice and has limited effectiveness in long-term contracts.
کلیدواژهها English
