A Comparative Study of Obstacles to Implementing the Same Obligation in Iranian and British Law

Subject Areas : Political and International Researches Quarterly

Received: 2020-09-30 Accepted : 2020-09-30 Published : 2020-11-21

Keywords: commitment, Iranian Law, British Law, Obstacles to Execution of Commitment,

Abstract :

Mohmad Reza Ashtari [1] Hasan Pashazadeh[2] Salman Valizadeh[3]   Abstract: In Iranian law, the rule is that if an obligor refuses to fulfill his obligations, the other party has no right to terminate the contract first, but must first go to court and request the obligor to enforce the obligation, and only if this request is not possible by another. Terminate the contract. One of the benefits of enforcing the same obligation in Iranian law is the use of both direct and indirect enforcement tools, which is itself a factor in maintaining the structure of contracts and bilateral obligations and is a barrier to breach of contract. In the United Kingdom; Compensation is the first priority. In exceptional cases, the performance of the same obligation is considered. In English law, the performance of the same obligation is considered as an exception and is accepted in special cases. But termination and compensation in English is the basic principle Come on. [1] -PhD Student in Private Law, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran. [2] -Assistant Professor,Islamic Azad University,Department of Private Law,Tabriz Branch,Islamic Azad University, Tabriz, Iran: Corresponding Author [3] - Assistant Professor, Department of Private Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran