"SPECIFIC PERFORMANCE": A REMEDY FOR BREACH OF OBLIGATION COMPARATIVE LAW

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Author(s)

TAFRESHI M.I. | POURSEYED B. | Issue Writer Certificate

Keywords

OBLIGATIONQ4

BREACHQ4

SPECIFIC PERFORMANCEQ2

REMEDYQ4

SANCTIONQ4

Abstract

Every OBLIGATION necessarily involves performance, so there is a liability for its performance which according to it the beneficiary can reprimand the obligor. In law every OBLIGATION has its own SANCTION. One group of OBLIGATIONs is among contractual obligatiom. "Compelling to Perform Obligatiom" is one of the SANCTIONs; however this SANCTION does not have the same value in all legal systems. According to this SANCTION when the OBLIGATION is BREACHed and when the compensation doesnot cover the loss or injury, the other party has right to compel the obliger to do his/her OBLIGATIONs.In French legal system the principal of contract performance have been accepted, and therefore the injured party has two rights: i) resorting to the SPECIFIC PERFORMANCE; and ii) dissolving the contract and receiving compensation. In French law the oblique’s expectation-that the contractual OBLIGATION ought to be performed normally-is approved, so the basic rule ought to be executed naturally. But in British & American legal systems, SPECIFIC PERFORMANCE principle has not been accepted as a basic rule, unless in the cave of cash money OBLIGATION. This REMEDY is approved as a equitable REMEDY when the compensation does not cover the loss; and the basic rule for applying the SPECIFIC PERFORMANCE is "insufficiency of compensation". However, the SPECIFIC PERFORMANCE is awarded by the courts on special circumstances and occasions.In Iranian legal system, like French Law, the SPECIFIC PERFORMANCE is accepted and the obligee can resort to this REMEDY, otherwise have be can dissolve the contract and receive the compensation.Because of the expansion of transactions throughout the world, determining remedies for BREACH of contract is an important necessity of our times. In fact international trade doesnot have remedies (or SANCTIONs), and parties of international contract resort to Civil Law remedies and SANCTIONs if necessary.

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Cite

APA: Copy

TAFRESHI, M.I., & POURSEYED, B.. (2000). "SPECIFIC PERFORMANCE": A REMEDY FOR BREACH OF OBLIGATION COMPARATIVE LAW. DANESHVAR MEDICINE, 7(28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES)), 101-111. SID. https://sid.ir/paper/30833/en

Vancouver: Copy

TAFRESHI M.I., POURSEYED B.. "SPECIFIC PERFORMANCE": A REMEDY FOR BREACH OF OBLIGATION COMPARATIVE LAW. DANESHVAR MEDICINE[Internet]. 2000;7(28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES)):101-111. Available from: https://sid.ir/paper/30833/en

IEEE: Copy

M.I. TAFRESHI, and B. POURSEYED, “"SPECIFIC PERFORMANCE": A REMEDY FOR BREACH OF OBLIGATION COMPARATIVE LAW,” DANESHVAR MEDICINE, vol. 7, no. 28 (SPECIAL EDITION ON HUMANITIES AND ART ARTICLES), pp. 101–111, 2000, [Online]. Available: https://sid.ir/paper/30833/en

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