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There are many discussions about Remedies on breach of performance of contractual obligations and liability of the breach in various contributions. Promissor often perform his obligations but the other party not and the question is what is the position of law and justice about it and what are the consequences. Are the promissor have liability and exchange guaranty about promisse or the liability will be removed by acceptance of promisee. In this article, this topic are examined in Iranian law, Imamitte jurisprudence emphasis on European Contract Law and CIS. The authors concluded that although, promissor,contrary to examined legal documents and Art.273 of Iranian civil law, In situation of non performance of promisee, have to render it to authorities or their deputies to exempt from exchange guaranty despite the fact that this Article originated from Imamite jurisprudence, in copmarison to CISG and principles of Eurpoean Contract Law have strengths and weaknesses. Art.273 is complimentary and parties are able to choose between examined approach or other approaches.

Keywords: Promisor, promisee, performance of contract, withdrawal of performance of contract

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