Document Type : Academicm and Research
Author
Associate Professor, Department of Private Law, Faculty of Law, University of Qom.
Abstract
Performance of contractual obligations is one of important issues in law of contracts. The principal purpose of formation of a contract is reaching of the parties to the subject matter for which they have entered into the contract. In order to achieve this purpose it is necessary that each party fulfill and deliver what he/she has undertaken under the contact .One of the most significant questions in performing contractual obligations is that whether at the time of the performance of the obligation the obligee can ask the performance and after this demand and delay of the obligor he/she can demand the remedy for delay in payment in addition to enforcing the obligor to carry out the obligation or mere coming of the time to perform is enough to responsibility of the obligor and asking the remedy of delay in payment? Legal systems have different approaches in answering this question. Some of them consider notice as the precondition for the responsibility of the obligor, performance of the obligation and compensation and some do not regard notice as necessary and consider the mere coming of the time of performance enough for this purpose. This research has dealt with the approach of the legal systems as to this subject and the legal system of Iran has been studied through an approach toward Imamiyah jurisprudence, law of France and English law.
Keywords
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