نوع مقاله : علمی و پژوهشی
2 عضو هیأت علمی/ دانشگاه اصفهان
عنوان مقاله [English]
According to the principles accepted in the principles of international commercial contracts and most of the legal systems and shia jurisprudence, the convict can terminate the contract based on the failure of the convict to act in accordance with the obligation to the person. In Iranian law, according to Article 239 of the Civil Code, if the conditional coercion against the conditional act is not possible and the conditional act is not among the actions that another can perform on his behalf, the other party will have the right to terminate the transaction, but according to Article 729 of the Code of Judicial Code. Civil 1939 If the obligation is dependent on the person, the same contractual obligation must be implemented, but this law was abrogated in the following laws. A contractor is bound by personal obligations. In this study, we have studied this issue with a comparative approach and a descriptive-analytical method, which according to the current regulations of Iran, what is the guarantee of fulfillment of vertical obligations to a person? Granting the right to terminate and eliminate the guarantee of implementation of the note of Article 47 of the Law on Execution of Civil Judgments is consistent with the new legal tendencies and jurisprudential regulations and the customary purpose of fulfilling obligations.
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