Comparative Study The Concept of the Commitment to the Best Efforts ‎Clause in International Commercial Contracts

Document Type : Research Paper

Authors

Department of Private Law, Allameh Tabatabai’ University, Tehran, Iran‎

Abstract

The best effort (conventional maximum effort) clause is the result of innovation in international commercial contracts, which is of particular importance in order to influence the interpretation of the contractual provisions and achieve the desired result. This clause is seen to be more effective among other similar clauses such as the reasonable care clause, and due diligence, because the obligor must use all his ability and expertise to fulfill the obligation. The best effort clause has different meanings in common law and civil law systems. The best effort clause in the civil law obliges the obligor to do everything in his power to fulfill his obligations, even if spending unlimited amounts of resources will cause him loss or bankruptcy, but in countries subject to common law, this clause has It is more flexible and means a conventional and appropriate effort, and therefore the obligor is not obliged to cut himself off from existence to fulfill the obligation. There is no mention of such a clause in Iranian law, but according to written laws and in the form of the traditional concept of commitment to means and results, accepting such a clause can be justified.

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References

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Comparative Law Review
Volume 14, Issue 2
Autumn $ Winter 2023-2024
January 2024
Pages 584-606

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