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The Theory of unpredictable affairs and Adaptation of administrative contracts
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| Asadolah Yavari, Mohammadreza Bahrami * |
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Abstract: (208 Views) |
The theory of unpredictable affairs and its application in administrative contracts is done with the aim of adapting the contract to the wishes of the parties and social and economic necessities. In general, in legal writings, three executive methods for modifying and adapting the contract are introduced, which are: suspension and delay of contract execution (if the events are temporary and the fulfillment of the obligation and the time of its fulfillment have the two desireds), reducing the amount Excessive liability or increase in the amount of liability of the other party (as the dominant method in compliance with administrative contracts) and finally, the order to pay damages (based on non-contractual liability due to defects in this article, in this paper, the method of payment based on the obligation The cooperation of the parties resulting from the principle of good faith is suggested). However, the result of unpredictable events may not be merely "burdening and costing the performance of the contract, but, on the contrary, will lead to profit and benefit. In the latter case, too, the theory of the unpredictable has the potential to provide a solution and, as the Nancy Court of Appeal ruled (indirectly), in the distribution of profits. Incidental changes appear and are proposed as an emerging method of contract compliance.
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| Keywords: Theory of unpredictable affairs, Adaptation of contracts, suspension of contract, profit sharing. |
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Type of Study: Research |
Subject:
Special
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