Evolution of right of termination for non-performance of contract: Implications for Iranian legal system

Nowadays، in most legal systems، breach of contract leads inter alia to right of termination for obligee. But this has not always been the case. This study shows how European legal systems have moved from denial of right of termination for non-performance into recognition of a general rule concerning unilateral termination of breached contract. Iranian legislature، inclined with the evolution of European approach to the subject، can foresee such a general unilateral termination right for the obligee. In addition، the way in which Europeans have treated the roman inefficient vestige on this subject، could inspire Iranian judges، lawyers and scholars to find new interpretive solutions for existing inefficient ambiguous rules.