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Information Journal Paper

Title

Development of the Remedies in dealing with an Obligor who Refuses to Perform his Obligation Abstract

Pages

  56-76

Abstract

 In contractual relationships, it is often seen that one party to the contract has fulfilled his obligations or is ready to fulfill them, while the other party has delayed performing his obligations or refuses to fulfill them. Therefore, the passage of time is in favor of one side and against the other. In contract law in dealing with a party refusing to perform an obligation, mention is always made of such remedies as “ being compelled to perform the obligation, ” “ the delivery of the subject matter of the commitment to the court, ” “ termination” and “ claim for damages” . However, considering economic variables and the need for a quick reaction against these developments as well as the slowness and length of judicial proceedings, the above-mentioned safeguards do not have the necessary condition for efficiency and coordination with the economic necessities. Using the descriptive-analytical and library-document method, the present paper seeks to answer the question that in addition to the aforementioned remedies, what other legal institutions can be identified and applied that could be appropriate solutions considering the particular subject matter of commitment and the position of the parties. The findings of this study conclude that such legal institutions as “ direct substitution of a person who refuses to carry out his obligation” , “ automatic discharge of obligation” , “ maintenance or trust” and “ sale” can be other remedies that can be applied depending on the obligations and positions of the parties.

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    • Cite

    APA: Copy

    KHOROUSHI, ABDOLAZIM, & Hokmabadi, Aliakbar. (2022). Development of the Remedies in dealing with an Obligor who Refuses to Perform his Obligation Abstract. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 5(14 ), 56-76. SID. https://sid.ir/paper/966414/en

    Vancouver: Copy

    KHOROUSHI ABDOLAZIM, Hokmabadi Aliakbar. Development of the Remedies in dealing with an Obligor who Refuses to Perform his Obligation Abstract. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2022;5(14 ):56-76. Available from: https://sid.ir/paper/966414/en

    IEEE: Copy

    ABDOLAZIM KHOROUSHI, and Aliakbar Hokmabadi, “Development of the Remedies in dealing with an Obligor who Refuses to Perform his Obligation Abstract,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 5, no. 14 , pp. 56–76, 2022, [Online]. Available: https://sid.ir/paper/966414/en

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