Document Type : Academicm and Research

Authors

• Reza Valavioun
• Mohammad Hosseini

Faculty of Law and Political Sciences of Allameh Tabatabai University

Abstract

Obligation to refrain from actions is one of the important principles of contract law due to the mandatory performance of contracts, and as long as the contract can be performed in any way, the obligee cannot request termination, the court also has no jurisdiction to compel the obligee to do so. According to the legal articles, the conflicting transaction is not stated as a rule, but according to the legal rules, if it is not possible to claim damages, it seems more correct to cancel it in contracts where the manager is obligated to perform it, as he has expressly or implicitly committed. If he does not perform activities for another person during the contract period, it is possible to request the annulment of the conflicting transaction. In contracts where management is not important in its performance, considering the mandatory principle and the precedence of contract implementation over other theoretical methods of compensation or termination, the courts It is better if it is possible to fulfill that obligation, they will give a ruling to annul the conflicting contract. In the studied cases, there is only one exception, and that is in the matter of marriage, which in terms of the importance of the issue and its relation to public order and opposition. According to Sharia, it is not possible to annul the second marriage.

Keywords

• Obligation
• abandonment of action
• performance guarantee
• halal sanctions
• Judicial procedure

Main Subjects

• Legal (Comparative Islamic and Western Law)