The Role of Ethics and Law in the Cancellation of Contractual Agreements
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 36 (1400),
17 August 2021
,
Page 1-11
https://doi.org/10.22037/bioeth.v11i36.36528
Abstract
Background and Aim: Cancellation is one of the causes of termination of contracts, which also includes contractual agreements focusing on the activities of the employer and the contractor. Given that the conditions, criteria and reasons due to cancellation have legal and ethical consequences, the present study examines the role of ethics and law in relation to the cancellation of contractual agreements.
Materials and Methods: The present research is of theoretical type and the method used in it is descriptive-analytical. The required data has been collected through documents and books related to the subject.
Ethical Considerations: In organizing the present research, while observing the originality of the texts, honesty and trustworthiness have been observed.
Findings: The cancellation of a contract, which leads to its dissolution with the consent of the parties, can be done if it is in the interests of social and governance in order to protect the administrative rights and rights of citizens. In the general terms of the contract, the cancellation is not foreseen, but with regard to the protection of social interests, the employer can cancel the contract so that the contractor cannot claim compensation later, which legally puts the contractors in an unequal position and even obey the orders of employers. In addition, from ethical point of view, arguing for the public interest from employers may lead to government corruption.
Conclusion: While in the Iranian legal system, the termination of an administrative contract is justified only on the basis of the principle of public interest; However, the principle of continuity of public service and the principle of respect for the acquired rights of contractors should be provided for in cases where contractors have the right to terminate, because the cancellation of contract is a two-way termination and regardless of the consent and authority of the contractor in dissolving the contract is not accepted morally and legally. The subject of the terms of termination in an administrative contract is mainly contained in Articles 46 and 48 of the General Conditions of the Contract, which are often in the employer's favor and a reason for centralizing authority and providing a ground for corruption in government agencies.
Cite this article as: Pourhosseini K, Ahmadi F, Namdar SH. The Role of Ethics and Law in the Cancellation of Contractual Agreements. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e37.
- Cancellation; Contracts; Ethics; Rights
How to Cite
References
Truong D, Dao Thuy N. Several Legal issues construction contract Termination. Journal of science and Technology in civil Engineering. 2017; 11(6): 22-31.
Zarei MH, Mowlaie A. Pathology of the characteristics of the Iranian administrative contract in comparison with French and British law. Journal of Judicial Law. 2015; 1(36): 167-206. [Persian]
Nahreini F. The nature and effects of contract termination in Iranian law. Tehran: Publisher Ganj-e Danesh; 2006. [Persian]
Shahidi M. Falling Cotracts. Tehran: Publisher Hoghoghdan; 2012. [Persian]
Adibi M. Analysis of termination rights and their effects on government needs. Tehran: Publisher Javdaneh; 2010. [Persian]
Ismaiel Harisi I. Legal Bases of the contract. Tehran: Publisher Javdaneh; 2007. [Persian]
Tabatabaei Motameni M. Concepts, Types and Rules Governing Public Contracts. Journal of Legal Research. 2004; 4(7): 1-29. [Persian]
Ismaiel Harisi I. Legal description of the contract. Tehran: Publisher Zohal; 2002. [Persian]
Shahidi M. Formation of contracts and obligations. Tehran: Publisher Majd; 2009. [Persian]
Janet O, Sullivan G. Jonathan Hilliard, the law of contract. London: Oxford University Press; 2013.
Katoozian N. Legal acts (contract-agreement). Tehran: Publisher Sahami Enteshar; 2007. [Persian]
Vigheh MR, Tangestani M-GH. Right of Termination and Termination of Proponents of Government Contracting (Analysis of the General Conditions of Contract). Law Journal. 2012; 43(1): 105-134. [Persian]
Katoozian N. General rules of contracts. Tehran: Publisher Sahami Enteshar; 2010. [Persian]
Ghodsikhah Z, Zahedian M. Jurisprudential-Legal Explanation of Dissolution and Termination in Contracting Contracts. Journal of Jurisprudence and History of Civilization. 2014; 12(45): 128-197. [Persian]
Gorji A-GH. Principle of validity of non-practice. Journal of the Faculty of Law and Political Science. 1993; 1(28): 91-116. [Persian]
Shokri N. Familiarity with the affairs of treaties and contracts. Tehran: Publications of the Organization of Municipalities and Rural Affairs; 2012. p.94. [Persian]
Katoozian N. Civil law in the civil legal order. Tehran: Publisher Mizan; 2018. p.32. [Persian]
Banaei Oskoie M. Modification of the contract in case of financial misconduct. Journal of Comparative Law Studies. 2015; 4(1): 45-67. [Persian]
Jaafari Langroodi MJ. Law doctrines in Islamic law. Tehran: Publisher Ganj Danesh; 2010. p.66. [Persian]
Rahimi H, Alizadeh S. The Nature and Basis of Modification in Iranian Law and Fidik. Quarterly Journal of Private Law Research. 2018; 6(21): 147-178. [Persian]
Falahzadeh AM, Porsa M. Termination of the contract by the employer. Vote Review Quarterly. 2014; 2(4): 37-48. [Persian]
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