Effects of Civil Liability Abuse of Emergency Rule in Iranian and French Law

Abstract

An abuse of emergency is a situation in which an unfair contract is made to a person in an emergency Is imposed and the distressed person, due to these emergency conditions, accepts an excessive commitment against her/his will and consent or waives his right to the other party. In the law of most civilized countries, contracts based on the abuse of urgency are considered distinct from emergency transactions and are subject to separate provisions. In our country's law, Article 179 of the law, which is adapted from the law of France, deals with this issue and in such cases, for the distressed, the right to amend the contract is considered. But most jurists believe that this article is specific to shipping and maritime affairs and cannot be generalized to all cases of emergency abuse. Therefore, different theories have been expressed, including validity, invalidity, right of termination, non-influence and right of adjustment. As one of the results of this research, it can be said that contract modification theory has advantages that other opinions do not have. This theory can also be confirmed by the basis of the abuse of rights in Iranian law, which is the "no harm rule".

Keywords

• civil liability
• enforcement guarantee
• abuse of right
• urgency