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| DC Field | Value | Language |
|---|---|---|
| dc.contributor.advisor | Anowar Zahid, Dr. | - |
| dc.contributor.author | Fatemeh Etemadnia (P57484) | - |
| dc.date.accessioned | 2023-10-16T08:55:39Z | - |
| dc.date.available | 2023-10-16T08:55:39Z | - |
| dc.date.issued | 2016-03-02 | - |
| dc.identifier.other | ukmvital:119673 | - |
| dc.identifier.uri | https://ptsldigital.ukm.my/jspui/handle/123456789/515508 | - |
| dc.description | The principle of sanctity of contract is a fundamental principle of contract law. It accords security and stability to the relationship of the parties in that neither of them can refuse to execute the contractual terms and conditions. A fundamental change in the circumstances that has bearing on the contract may, however, be an exception to this principle. This is known as the doctrine of impracticability of contract, which applies to contracts in general and to construction contracts in particular. Since construction contracts, especially the international ones, involve a huge amount of investment, a big change in the world economy or national economy where construction is carried out may affect their performance to the extent that practically it may become difficult or even impossible to accomplish the work. Iran is facing this problem due to economic sanctions imposed on her by America and other Western powers. She is in an urgent need of legal solution to this issue. This research, a qualitative and doctrinal one, is an attempt to meet this need by making an in-depth study of the concept as applied in the America comparing with the legal regime of contract law of Iran with particular reference to construction industry. The reason for choosing American law for comparison is that Iran being a civil law country lacks the common law characteristic of development of legal doctrines by judiciary, such as the one present one. America is taken as a representation of the common law system. Another reason is that the international construction firms working in Iran and are facing the impracticability issue are principally from common law jurisdictions, primarily being US. They would like to have remedies to the issue similar to those of their home country. With this objective in mind, this study, first, briefly discusses the American jurisprudence concerning impracticability. In particular, it discusses the doctrine as contained in Uniform Commercial Code and Restatement (Second) of Contracts with reference to relevant case laws. Then, overviews of the Iranian position of the law are provided. This is followed by a comparison of the two jurisdictions. At last, it comes up with the finding that under US law there are three remedies available. The number one remedy is the adjustment of the terms of the contract given the changed circumstances. This is applicable where the change of the circumstance is such that with some changes in the terms of the contract (such as increase in the agreed amount of remuneration) the construction work can still continue. Two, when the situation has changed to such an extent that the work cannot continue for the time being. It requires further negotiation or improvement of the conditions. Then, the contract is suspended. Last, if the situation has fundamentally changed and the work is not in a state to continue at all, then the remedy is to cancel the contract. These three remedies are then proposed for adoption in Iran after justifying from Iranian civil law and Islamic law perspective.,Ph.D. | - |
| dc.language.iso | eng | - |
| dc.publisher | UKM, Bangi | - |
| dc.relation | Faculty of Law / Fakulti Undang-undang | - |
| dc.rights | UKM | - |
| dc.subject | Universiti Kebangsaan Malaysia -- Dissertations | - |
| dc.subject | Dissertations, Academic -- Malaysia | - |
| dc.subject | Contract law | - |
| dc.title | Contractual impracticability and its redress under U.S and Iranian law: a comparative study with particular reference to construction contract | - |
| dc.type | Theses | - |
| dc.format.pages | 292 | - |
| dc.identifier.callno | C74.FAT 2016 2 tesis | - |
| Appears in Collections: | Faculty of Law / Fakulti Undang-undang | |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| ukmvital_119673+Source01+Source01.1.PDF Restricted Access | 586.28 kB | Adobe PDF |  View/Open | |
| ukmvital_119673+Source01+Source010.PDF Restricted Access | 1.52 MB | Adobe PDF |  View/Open |
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