How to arrange for the enforcement of a breach of an obligation in Iranian law: The Convention on the International Sale of Goods and British Law

Abstract

According to the principle of the necessity of contracts (Article 219 of the Civil Code), the contracts concluded between the parties and their legal representatives are mandatory. Therefore, according to this principle, the parties are obliged to fulfill their contractual obligations, but in some cases, one of the parties to the transaction refuses to fulfill his obligation. in this case, the guarantee of various executions is considered in the law for breaching the obligation. In this research, the position of the civil law and the Convention on the International Sale of Goods and English law in this regard have been investigated. Regarding the guarantee of the executing the violation of the condition, the jurists have put forward different ideas, and the civil law, based on the famous opinion of the Imami jurists, guarantees the longitudinal and sequential execution (i.e., first, the obligation of the obligee, if it is not possible to oblige. In the second stage, the obligation is fulfilled at the obligee's expense, and finally, it has accepted the termination of the contract). However, in the Convention on the International Sale of Goods and English Law, breaching the obligation, the obligation of the obligee is to fulfill the obligation, if the obligee wishes to approve the court and depends entirely on the opinion of the court. The possibility of terminating the contract by the obligee is exceptional and those limitations are considered.

Keywords

• compulsion
• breach of obligation
• optional
• sequence
• termination of contract