The Longitudinal and Transversal Relation of Coercion Right and Termination Right under the Effect of Breachof Term

hand, even some of the jurists, stating the accuracy of innominate contracts, did not consider these agreements under pactasuntservanda and proposed the aim of their stipulation for obtaining the irrevocability. Hence, the subject of conditions got rominent role in Iran’s law which follows Shiite jurisprudence and it was reflected under an independent chapter in Civil Code. The requirement of ss. 237, 238, and 239 of Civil Code is, if the breach of affirmative term happened, the innocent party cannot terminate the contract at first, but he only would have the coercion right to the other party; moreover, on the second step he could take measure to terminate the contract if the essential requirements met. It means that the remedy of coercion right and termination right are not in transversal relation. The major question is whether we cannot abjudicate to the transversal relation of the coercion right and termination right under the breach of term by considering the analysis of decisions, statements of jurists and legal writers, and the stage of terms in contract law i.e. can the person in whose favor the term made utilize the termination remedy as soon as the breach of term happens? It seems, the Shiite jurists has accepted this point of view by reference to the rational proof, principle of harm, and the basis of the analysis of implied term under the contract law.