Comparative Law Researches

Comparative Law Researches

Examination of rejection of performance of contract by promisee in Iranian law, imamiah jurisprudence emphasis on european contract law and CISG

Document Type : مقالات علمی پژوهشی

Authors
Hamid Kabiri 1
Mohammad Bagher Parsapour 2
Ehsan GHadimi 3
1 p.h.d studend in private law Tarbiat Modarres University
2 Tarbiat Modares University
3 l.l.m in private law Tarbiat Modarres University
Abstract
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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