نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشگاه علوم قضایی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In contracts concluded between the contracting parties, there may be a breach of contract and a breach of promise in terms of quality and manner of delivery, as well as in terms of contractual terms and obligations. This breach and breach of promise may have a fundamental and fundamental aspect, and it may be minor and insignificant. Will the determination of the performance guarantee by the judge be the same in dealing with each of these cases? The laws of different countries have distinguished between minor breaches and breaches of minor and insignificant terms. However, in Iran and Imami jurisprudence, there is no clarity in this regard, and according to some, it appears that there is no difference between the types of breach of promise. In this article, using an analytical-descriptive method and using library resources and citing existing jurisprudential and legal principles and judicial practice, it has been concluded that in the event of a minor breach of the provisions of the contract, the non-violating party does not have the right to terminate the contract.
کلیدواژهها [English]
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