نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، دانشگاه آزاد اسلامی لارستان
2 استادیار گروه حقوق، دانشگاه آزاد اسلامی لارستان، لارستان
3 استادیار گروه حقوق دانشگاه آزاد اسلامی لارستان
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The act of God is one of issues that has a long history in Imami jurisprudence and provides the ground for the obligated exemption from responsibility. The commentators of the Iranian Civil Code in Articles 227 and 229 of the Civil Code have interpreted the act of God. In the above two articles, the legislator states the conditions under which the obligor is exempted from paying damages. Reflection on the above article indicates that the Iranian legislature in general has expressed the effects of act of God and is exposed to other dimensions such as; the basics, descriptions, status of the contract and the exceptions of the act of God have not been revealed. Imami jurists have divided the act of God into two types of general excuse and special excuse and have mentioned two obligatory and conditional rulings for it. Understanding the effects and conditions of the act of God is very important in performing contractual duties. In a way that according to the opposing rulings in the Iranian judicial procedure regarding the act of God branch, examining the conditions and effects of the act of God branch will help the issuance of non-conflicting rulings in the courts. Among the effects of the act of God is the dissolution and suspension of the contract and the removal of the obligor from fulfilling the obligation, and the person or group that creates the act of God has civil liability to the parties to the contract. It is an argument and the author has used library sources to explain the position, works, conditions and exceptions of the act of God and has examined its foundations from the perspective of Imami jurisprudence.
کلیدواژه‌ها [English]
1- قرآن کریم.
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