Lapse “caducité” of interdependent contracts in the law of modern ‎French contracts with a view to its acceptability in Iranian law

Under French law, it was necessary to enter multiple contracts in order to carry out a group operation, and there was ambiguity regarding the sanction and its principles in the event of the disappearance of one of them. Sanction sometimes entailed nullity, termination, or lapse. The reform of the French Civil Code on 10 February 2016 has opted for the sanction of lapse for the interdependence contracts in Clauses 2 and 3 of Article 1186. Regarding principles, pre-review jurisprudence sometimes relied on theory of cause, the indivisibility of obligations, and condition and accessory to justify the lapse of interdependence contracts, which have introduced ambiguity in the principles legalizing reform of contract law. Three conditions are required under which the lapse of an interdependence contract applies: 1) realization of the group of operation, 2) disappearance of the contract which is the prerequisite for the next contract or impossibility of the next contract, and 3) the contractor's awareness of the unity of the operation. Given these three terms, if the central contract is annulled, terminated, or lapsed for any reason, other contracts related to the original one will lapse. The Iranian legal system's approach to the lapse of interdependent contracts is unclear, the doctrine addresses it without due attention, and jurisprudence does not provide a sensible judgment. This article attempts to introduce this new concept (lapse of interdependence contracts) and its principles, scope, and effects.