Refusal of compulsion and its legal effects in contractual obligations

Contract is one of the means of creating an obligation, and depending on its nature, the subject of the obligation may be the transfer or delivery of the same goods, provision of services, performance or omission of a deed or revocation of rights. By fulfilling the obligation voluntarily, the expected result of the parties is obtained from the conclusion of the contract. Sometimes it happens that after concluding the contract correctly and the contractors commit to the obligations arising from the contract, events occur that make it impossible to fulfill the contractual obligations. It is also clear that the commitment to the impossible affair is an irrational and futile commitment and is legally invalid. As a result, it is reprehensible for contractors to adhere to a contract on the assumption that it is impossible to enforce it. In the statute law, the impossibility and the reason for impossibility of executing the contract and non-fulfillment of the obligations arising from it, should not invoke the obligor and it is outside his authority, otherwise the obligor is still responsible for non-fulfillment of the contract. In jurisprudence, a rule has been stated under the title of "invalidity of the whole contract with the impossibility of fulfillment in content", and it does not matter whether the impossibility of fulfillment of the contract is from one of the parties or from both parties. This rule expresses the concept that if after concluding the contract, it is impossible to fulfill the obligations arising from the contract forever, the execution of the content of the contract and its obligations is not necessary and the transaction is void and there is no difference between contracts and this rule in all contracts. Even licenses will be valid. Iranian law has dealt with this in Articles 227 and 229 of the Civil Code, and there are conditions for fulfilling impossibility for the performance of the contract, without which they cannot rely on this rule. Obviously, assuming the necessary conditions for the fulfillment of the obligation are fulfilled, the parties will be released from fulfilling the obligations.