Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 12 1 2025 03 29 Necessity of Notice in the Stage of Performance of the Contract; A Comparative Study in the Transnational Documents with a glimpse to Iranian Law Necessity of Notice in the Stage of Performance of the Contract; A Comparative Study in the Transnational Documents with a glimpse to Iranian Law 185 210 3071 10.22091/csiw.2024.11022.2563 FA Rezahosin Gandomkar Associate Professor, Department of Private Law, Faculty of Law, University of Qom. Qom. Iran. Ebrahim Abdipour Fard Professor, Department of Private Law, Faculty of Law, University of Qom. Qom. Iran. 0000-0001-6340-9733 Mohammad Hossein Lesani PhD Student in Private Law, Department of Private Law, Faculty of Law, University of Qom. Qom. Iran Department of Private Law, Faculty of Law, University of Qom, 0009-0005-4463-4392 Journal Article 2024 07 14 Performance or breach of a contract are two sides of the same coin at the stage of fulfilling the obligations arising from it. At this point, and upon the arrival of the performance date, one key question arises: Is prior notice by the parties necessary to determine the fate of the contract — i.e., performance, resorting to remedies, or invoking exemptions? This article employs a descriptive-analytical approach to examine the issue comparatively, focusing on selected transnational instruments and Iranian (Islamic) law. The central hypothesis of this research is that, in principle, a distinction must be made between the pre-performance stage and the post-breach stage with respect to the necessity of notice. The findings indicate that prior to performance, both in the transnational instruments under study and in Iranian law, the general rule is that there is no requirement to give notice in order to demand performance. However, after breach, transnational instruments — unlike Iranian law — generally presume the necessity of prior notice in order to invoke remedies or exemptions, considering it a rebuttable legal presumption. This rule helps ease the burden of proof for the notifying party and reduces the filing of unfounded claims. At the same time, adopting such a rule does not conflict with any principles governing the Iranian legal system and can be applied alongside other relevant rules. Performance or breach of a contract are two sides of the same coin at the stage of fulfilling the obligations arising from it. At this point, and upon the arrival of the performance date, one key question arises: Is prior notice by the parties necessary to determine the fate of the contract — i.e., performance, resorting to remedies, or invoking exemptions? This article employs a descriptive-analytical approach to examine the issue comparatively, focusing on selected transnational instruments and Iranian (Islamic) law. The central hypothesis of this research is that, in principle, a distinction must be made between the pre-performance stage and the post-breach stage with respect to the necessity of notice. The findings indicate that prior to performance, both in the transnational instruments under study and in Iranian law, the general rule is that there is no requirement to give notice in order to demand performance. However, after breach, transnational instruments — unlike Iranian law — generally presume the necessity of prior notice in order to invoke remedies or exemptions, considering it a rebuttable legal presumption. This rule helps ease the burden of proof for the notifying party and reduces the filing of unfounded claims. At the same time, adopting such a rule does not conflict with any principles governing the Iranian legal system and can be applied alongside other relevant rules. https://csiw.qom.ac.ir/article_3071_84dcf06dcde98b00b852734eca3d7f88.pdf