Document Type : Academicm and Research

Authors

• Mohammad Hossein Lesani ¹
• rezahosin gandomkar ²
• Ebrahim Abdipour Fard ³

¹ Department of Private Law, Faculty of Law, University of Qom,

² Associate Professor, Department of Private Law, Faculty of Law, University of Qom

³ Professor of private Law . Faculty of Law. University of Qom, Qom, Iran

Abstract

Abstract

Performance or breach of the contract are two sides of the coin of end of contract in stage of fulfilling the obligations arising from it. In this level and with coming of time to performance, this is one of important issues that is it necessary to give advance notice to determine destiny of the contract (performance or using remedies or exemptions) from parties? This article with the descriptive-analytical method discuss matter comparatively in transnational documents and Iranian (Islam) law. Fundamental hypothesis of this research is that must believe to separation among stage of prior to performance and after breach basically. Research results show that the rule is lack of necessity of notice to demand obligation prior to performance both in transnational documents and Iranian law; while after breach, the rule of necessity of notice is flowing to rely on remedies or exemptions as a rebuttable presumption in transnational documents, unlike Iranian law; A thing that is effective on the simplification of burden of proof for benefit of notice giver and the decrease of bring up undocumented lawsuit. At the same time, acceptance of that rule do not contradiction with none of rules govern on Iran’s legal system and it can be used alongside other rules.

Keywords

• International Documents
• Iranian Law System Capacities
• Notice
• Necessity of Notice
• Performance of Contract
• Special Mechanism

Main Subjects

• Legal (Comparative Islamic and Western Law)