The impact of force majeure on non-contractual liability in Iranian law.

  •  Mohammad Reza Hooshyar
  • Mehdi Zare
  • Babak Khosravinia. 
Keywords: force majeure, non-contratual liability, exemption, compensation

Abstract

Force majeure is one of the issues that has long been in the Imamian jurisprudence. Commentators of Iranian civil code have interpreted the articles "227" and "229" of Iranian civil law as force majeure. Lagislator in the two abovementioned articles state the conditions under which the obligor is exempted from payment of damages. These articles have mentioned externality, inability to foresee and inevitability as traits of force majeure, but do not impose other aspects, such as the principles and exceptions of force majeure. It was revealed that the Imami jurists have divided the religion of force majeure into two types of general excuses and specific excuses. The verdict in Iran's civil law in relation to force majeure is only complete when the legislator expresses the impact of force majeure on non-contractual liabilities.

Published
2019-08-01