The necessity of committment to the obligation is
one of the importantcontractual principles, but its strict performance
is against the equity andjustice, for example in the case that contract
or its purpose is frustrated.
All off legal regimes (Systems), for resolving this
conflict have presentedsome justifications in the context (framework) of
special legal institutions:for example in shariah under the discussion
of impossibility (Taazzor) andin french and Iranian law under the
section of force majeure and in Englishlaw under the section of
frustration.
This research is going to consider the concept and
conditions of the legalinstitution of frustration in english law at the
first, and then compare thatwith the similar institution such as theory
of non- prediction, Taassor (hardship) and force majeure and finally
will study their nature and theireconsequences.
In spite of the similarities of this institution
with force majeure andTeazzor (impossibility), There are major
differences too. Any of theseinstitutions and theories resolve some of
the problems of conflict in itself.
The combination and exploiting of the advantages of
these threeinstitutions can help to the development of the purposes of
Iranianjudiciary system for fulfilling justice.