Document Type : Academicm and Research
Author
Associate Professor, Department of Private Law, Faculty of Law, University of Qom.
Abstract
Fulfilling the obligations arising from contracts is one of the significant issues in the law of contracts. If each of the parties of the contract or one of them refuses to fulfill his/her contractual obligations, there are various solutions predicted in different legal systems in this regard. In Iranian law, sanction for this type of breach has been stated not implicitly in a general rule in the field of the consequences of the contract but in several legal articles in contracts such as sale, lease, cultivation and proviso. The first solution is to request the court to compel the obligor by the obligee. In the event of the impossibility of this compulsion, the base for the fulfillment of the obligation by the third party would be provided by the cost of the obligor, and as the last resort, the individual injured by the breach may abolish the contract. In other legal systems, various remedies have been foreseen including abolishment of the contract in the case of breach of the fulfillment of the obligation by the obligor for redressing the injury suffered by the injured party arising from breaching the performance of the contract. In Common Law system, in the case of non-fulfillment of the obligation by the obligor, the general principle is reparation. In Roman-Germanic legal system, the obligee is free to request the fulfillment of the obligation or abolish the contract. In Iranian law, the principle is to compel the obligor to fulfill the obligation. However, this solution is acceptable through realizing of certain conditions. The analytical and comparative investigation of this subject in different legal systems and comparing it to the law of Iran is aimed in this article. The present article is comprised of an introduction and 4 sections.
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