A study on the enforcement of the original of obligation in Iranian law and international instruments

Abstract

By studying the legal provisions, judicial procedure, judges’ opinion, and interviews with lawyers, jurisprudence and Islamic ideas it can be stated that enforcing obligations is almost similar to the legal event and the only way for the promisor is to its fulfillment. The obligations include act, material practice, omission, and legal act. The legal texts on the enforcement of the original of obligation in our country is mostly derived from jurisprudence and indicate commitment and coercion of promisor. The exceptions existing in the law are also derived from jurisprudence. We have a procedure apart from jurisprudence only in the enforcement of official instruments. The enforcement is divided into direct enforcement and indirect enforcement. This in turn ensures the enforcement of obligations. However, considering the further guarantees for the enforcement of commercial instruments, the way it is implemented is easier compared to other instruments. Different and various solutions and alternatives have been predicted in international conventions for enforcement of self-obligation in the cases in which the enforcement of the original of obligation is impossible. There is this gap in our law and judicial procedure and except (emergency) unexpected events the legislator has not paid attention to other cases that they have even been considered in jurisprudence. In other legal systems the titles of frustration, hardship and etc. have been considered in this respect. This issue has been studied in this research and it has been tried to propose some solutions in this regard.