The Effects of the Guarantee of Good Performance of Obligations in Iranian Law

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Alizadeh Aslan

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Journal Paper

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Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 301-314

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Information Journal Paper

Title

The Effects of the Guarantee of Good Performance of Obligations in Iranian Law

Author(s)

Alizadeh Aslan | Issue Writer Certificate

Keywords

Performance GuaranteeQ4

CommitmentQ4

Commitment Fulfillment GuaranteeQ4

Commitment FulfillmentQ4

Abstract

The guarantee of the good performance of the obligation, which is one of the aspects of the rights of obligations, means that if the obligee does not fulfill his obligation properly, the obligee can compensate the damages caused to him from the place of the guarantee that exists for the good performance of that obligation. One of the most important conditions for the validity of the guarantee of good fulfillment of the obligation is that the stipulated guarantee must be appropriate to the subject of the obligation, in other words, it is not possible to establish any guarantee for every obligation, for example, personal guarantee cannot be established for obligations based on a person. The most important result and obtained from the guarantee of good fulfillment of the obligation is that the mere fulfillment of the obligation does not lead to the discharge of the obligee, but the obligation must be fulfilled properly. The research methods in this research is descriptive-analytical. First, the meanings and concepts related to the guarantee of good performance of the obligation are stated, and then they are analyzed according to the theories of jurisprudence and law scholars.

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