Legal consequences of canceling a contracting contract


  • Fadhel Saleh Mahdi Urmia University / Department of Private Law
  • Siamak Jafar Zadeh Urmia University / Department of Private Law
  • Reza Nikkhwah Urmia University / Department of Private Law


contract - contracting - annulment - contractors – effects


The legal effects of terminating a contracting contract are among the important topics, especially its impact on the contract and the consequences that result from it, because the contract is one of the most important sources of commitment that binds an individual in his transactions with others and is an effective means by which economic and social interests can be achieved as long as these interests are compatible with public order and public morals However, it may happen that one of the parties is unable, and the contract is terminated, which is considered, as a general rule, to dissolve the contract and erase its effects retroactively between the two parties to the contract. This results in the disappearance of the obligations that had arisen from it before that, so the contract after the termination is concluded does not exist from a legal standpoint with respect to the party. The contracting parties and to third parties, and therefore each of them is returned to what it was before the contract was concluded, because the contractual relationship no longer exists on which the creditor or debtor can rely. Rather, this relationship disappeared as an inevitable result from the date of termination of the contract, as the problem around which the subject of the research revolves is based on the element of breach that comes from one of the parties to the contracting contract, in particular (the contractor), who bears the greatest obligation and through which the contracting work is completed. The importance of this study lies. It is based on a contract whose commitment is permanent work, and this work represents the main commitment in it and through it the form and reality of urban development and achievement is determined, which prompted the administration to intervene in the details of this work. It aims to ensure that the law gives one or both of the contracting parties the right to dissolve the contractual bond by referring to the nature of the contract concluded by the contracting parties and duly approved by both parties. The research plan consists of two requirements. The first requirement will address the effect of terminating the contracting contract on the contracting parties, and the second requirement will address the effect Termination of the contracting contract with others