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Abstract

When a party to a contract fails to perform his main contractual obligation such as delivery of the subject matter of payment of party to terminate the contract. Majority of Shiite jurists believe that the aggrieved party has no right to terminate the contract, but he may ask the court for the enforcement of the obligation. Some jurists, however, incline to establish a general basis for allowing the aggrieved party a right to terminate the contract. In this articlem, the different views of Shiite jurists in this respect are considered and examined. Furthermore, this article provides a support to those jurists who believe that the aggrieve party has the right to terminate the contract if main contractual obligations has been breached.

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