نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The forced performance of an obligation is one of the most important guarantees of the law of obligations, whereby the obligor is obliged to perform the provisions of the contract by force of law or court order. This legal institution, while guaranteeing the rights of the obligor, expresses respect for the principle of fidelity to the promise and will of the parties to the contract. The present article, with a comparative approach, examines the principles, conditions and limitations of the forced performance of an obligation in the two legal systems of France and Iran. In French law, which is influenced by the Roman-German tradition, despite its emphasis in the 2016 reforms, actual performance can still be replaced by damages in certain cases such as impossibility of performance or disproportionate cost to benefit. In contrast, Iranian law, based on Imami jurisprudence, places the principle on the obligation to perform the obligation and accepts compensation only in the event of the obligor's refusal or inability. Comparative analysis shows that both systems, despite theoretical and cultural differences, seek to create a balance between protecting the rights of the creditor and respecting human dignity and public order.
کلیدواژهها English