The Effects of Avoidance due to Contractual Obligations Breach in Iranian Law, Iraqi Law and the International Sales Convention 1980

Pacta sunt servanda is one of the most important principles of law.  However, some people violate their contract obligations. One remedy for this violation is avoidance of contract. There are some differences regarding conditions which could result in a kind of right to avoid the contract. This research attempts to survey the effect of this avoidance through descriptive-analytic and a comparative method in Iranian and Iraqi law and also in Convention on Contracts for the International Sale of Goods 1980 and analyze differences and similarities in above-mentioned legal systems. The results of this research show that although avoidance of contract leads to the deterioration of the parties' obligations in these three legal systems, there are some differences too. Avoidance of contract has a retrogressive effect in Iraqi and the Convention law but it is refused in Iranian Law. Also, there are some differences which have to be recovered by the parties.