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Title
Evolution and Implementation of Mutuality of Obligations Doctrine in Common Law and Iran law System
Type of Research Article
Keywords
Keywords: mutuality of obligation, consideration, lien, exchangeable contracts
Abstract
The principle of mutuality of obligation is a rule of law in which all parties have the right to enforce a contract, or none of them will have this right. This rule is applied in bilateral contracts and is applied to contracts in order to prevent injustice. The main challenge of this paper is to examine the concept and mutuality of obligation rule in the law of common law and to examine the manner in which it is applied in Iranian law. At the end of this article it will be determined that in the jurisprudence and law of Iran, through the use of indigenous strategies, there are many contradictory effects of obligations. However, the application of the principle of mutuality of obligation can be stipulated in Iranian law through legislation in the time of the amendment of civil law.
Researchers majid sarbazian (First Researcher)، sorosh rostamzad asli (Second Researcher)، ahmad usefzadeh (Third Researcher)