نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیات علمی وابسته، دانشکده علوم انسانی، دانشگاه آزاد اسلامی ملارد، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The principle of pacta sunt servanda stands as one of the foundational pillars of contract law, ensuring the stability and enforceability of agreements between parties. In most legal systems, including those of Iran and Egypt, this principle enjoys an indisputable position. However, the emergence of exceptional, unforeseeable, and uncontrollable circumstances may render the continued execution of a contract excessively burdensome, thereby endangering the realization of justice. In such cases, a delicate balance must be struck between the necessity of honoring commitments and the protection of disadvantaged parties. In Iranian law, drawing from the doctrines of Imamiyyah jurisprudence, the concept of ‘ozr (excuse) provides a theoretical mechanism for alleviating contractual obligations under extraordinary hardship, primarily based on the principles of la ḥaraj (no undue hardship) and la ḍarar (no harm). In contrast, Egyptian law, influenced by the theory of imprévision from French law and the Mālikī school of Islamic jurisprudence, explicitly recognizes the possibility of modifying contractual obligations under the doctrine of al-ḥādith al-ṭāriʾ (unforeseen event), as articulated in Article 147(2) of the Egyptian Civil Code. This comparative and analytical study examines the theoretical foundations, conditions, and practical implications of these two doctrines within the legal systems of Iran and Egypt. The findings reveal that Egyptian law, through its clear legislative framework, has achieved greater practical effectiveness in addressing economic and social disruptions. In contrast, Iranian law, despite its rich jurisprudential heritage, still suffers from a lack of codification and consistent judicial application. This disparity underscores the need for legislative reform in Iran, aimed at institutionalizing flexible legal responses to force majeure events and achieving a balance between contractual obligation and equitable justice.
کلیدواژهها [English]
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