Judicial and Lawful Study of Timely Obligation Enforcement in Iran's Law

Subject Areas : Private law

Abbas Moghadari ¹ , Hekmatollah Asgari ²

1 - آزاد شیراز
2 - دانشگاه آزاد شیراز

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Obligation, Termination, Timely enforcement of obligation, Contract violation,

Abstract :

In contracts law, the most important issue is the timely enforcement of contractual obligations whereas the violation of the contracts meets numerous punitive regulations. In Iran's law, the theory of specific performance is enforced that sometimes causes cases of injustice depriving it from its utmost efficiency. Regarding many exceptions to this rule including option of delayed payment of the price, violation of the terms of the contract, rent and farm leasing, one can inquire whether it is possible to grant the right of termination and specific performance to the other party in case the contract is violated. It appears that by resorting to the religious and civil law and in line with international trade legal system, the basis of this right could be established and strengthened.