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:: Volume 22, Issue 79 And 80 (3-2018) ::
__Judicial Law Views __2012__, 22(__59__): __22496 Back to browse issues page
Specific performance in contractual obligations in Iranian law and modern private law documents
Mohamad ali Khorsandian Dr. 1, Farhad Mohamadibasir Mr.
1- associated prof. , mkhorsandian@yahoo.com
Abstract:   (468 Views)
In Iran's law, it undertakes to refrain from implementing the same obligation (even if it wishes to terminate) firstly, it must request the obligation of the obligated party, and it is only compulsory that it can terminate the contract. While the new legal framework for private law, such as the European Principles on the Law of the Treaties and the Principles of the International Commercial Code, and the Common Frame of Reference, have placed the obligation between the obligation to specific performance and the right to terminate and obtain damages. Contrary to Iranian law, in these documents, the obligation is committed to the specific performance with many exceptions, which is most affected by the theory of respect for personal freedoms. This suggests that with regard to economic developments, the other provisions of the principle of the necessity of contracts are not the fulfillment of the same performance in any circumstances, but the performance of the reasonable and standard expectations of the contract is considered to be the performance of the covenant. On the other hand, while in Iran's law, fines and oversights are owed as tools for putting pressure on him and preventing his misuse, the documents referred to Gibbs to performance is an act contrary to human freedom and has not accepted.
Keywords: Breach of contract, Judicial Penalty, Specific Performance, Non-performance
Full-Text [PDF 779 kb]   (853 Downloads)    
Type of Study: Research | Subject: Pivate Law
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khorsandian M A, mohamadibasir F. Specific performance in contractual obligations in Iranian law and modern private law documents. دیدگاه های حقوقی. 2018; 22 (79 and 80) :67-96
URL: http://jlviews.ir/article-1-1108-en.html

Volume 22, Issue 79 And 80 (3-2018) Back to browse issues page
فصلنامه دیدگاه های حقوق قضایی Judicial Law Views Quarterly
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