أولوية فسخ العقد على الالتزام بتنفيذ العقد في ضوء الإجراءات القضائية لإيران

Abstract EN

Whether the violation of a legal rule is legal or contractual, there will be a sanction.

In the meantime, failure to implement the contract on its deadline which is considered a violation of the contract has legal sanctions to ensure the loss of benefits; because the contract is the most important instrument for transferring wealth and developing economic, social, political and cultural relations of human societies.

Compulsory performance of the substance of the obligation, contractual liability and termination of the contract are the main ways provided by different legal systems in case of violation of the contract in order to protect the contractual obligee and to compensate the effects of breach of the contract.

These sanctions are clearly observable in the Iranian legal system.

The compulsion of the obligor to execute the substance of the obligation is in the first category of the sanctions hierarchy, and the restitution of damages and termination of the contract will certainly take place in the next category; Therefore, according to the legal system of the Islamic Republic of Iran, if the obligor refuses to perform the substance of the obligation, despite the fact that the obligee tends to terminate the contract, in the first place he/she must ask for the compulsion of the obligor to fulfill the contractual obligations and terminate it if impossible.

Thus, regardless of the noble goal of preventing the insecurity and preservation of contracts, it is obvious that such a procedure can not realize the stability of the contract and in many cases will lead to delays in litigation and infringement of acquired rights of the obligee and also will lead to many corrupt consequences.

In this study, this issue is deliberated in Iranian law and in the light of judicial procedure.