The General Theory of Impossibility: A Coherent Approach

The impossibility of the contract is a legal fact, which means the impossibility of performance and it causes many consequences concerning the termination of contracts in Iran’s legal system. The impossibility in considering its instants divides to real and legal impossibility. The real impossibility is a situation in which contract physically cannot be forced to perform by promisor or by promisor expense. The meaning of legal impossibility also is a situation in which contract cannot be forced to perform because of the operation a law. The theory summarizes that an identical logic exists in many rules like articles 527, 551, 683, 240, 387 of Civil Code. That logic requires that partial or total impossibility of contract justify unilateral or automatic termination case by case. Knowing about this logic firstly empowers jurists to infer the ruling of situations in them laws don’t express about the termination of a contract or its consequences and secondly empowers them to choose an interpretation between plenty of interpretation by the general theory of impossibility.