Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
English
Contact and consultation
Compelling performance of contractual obligations

Compelling performance of contractual obligations

The principle of the necessity of contracts requires the parties to fulfill the obligations accepted. When a certain obligation is enforceable and due and the obligor refuses to perform it, the issue of non-performance of the obligation and, depending on the case, the obligation to perform the obligation or the obligation to fulfill the contractual obligation arises.

Request a consultation

Compelling performance of contractual obligations

The principle of the necessity of contracts requires the parties to fulfill the obligations accepted. When a certain obligation is enforceable and due and the obligor refuses to perform it, the issue of non-performance of the obligation and, depending on the case, the obligation to perform the obligation or the obligation to fulfill the contractual obligation arises.

Practical point: Type of obligation, Deadline, Precondition, Fulfillment of mutual obligations, Declarations and the practical possibility of implementing the obligation are the determining points.

Important points in contract review

Point 1

Full text of the contract, Related annexes and conditions

Point 2

Date of creation of the obligation, Deadline for execution and documents of its fulfillment or non-fulfillment

Point 3

Correspondence, Messages, Statements, Payment Receipts and Delivery Documents

Point 4

Guarantees, agreed contractual penalty, Termination clause or dispute resolution clause

Legal review of documents and disputes related to the obligation to fulfill contractual obligations

Importance of a careful contract review

The legal title of the dispute must be selected based on the actual text of the contract and documents. The apparent similarity of two cases does not mean that their solution is the same; especially in matters such as termination,, invalidity, of the obligation to fulfill an obligation and claiming damages.

Related topics

Claiming an agreed contractual penalty and contractual damages

Review the condition agreed contractual penalty, breach of contract and the possibility of claiming damages based on the contract.

damages for delayed contractual performance under Iranian law

Investigating the effects of delaying the commitment deadline, proving breach and guaranteeing contractual or legal performance.

termination or rescission of a valid contract under Iranian law

Reviewing the right to terminate, Options, Contractual terms, How to notify termination and its effects.

contractor–employer agreement and dispute under Iranian law

Subject matter, Status report, Delivery, Delay, Guarantee of good performance and disputes between the employer and the contractor.

  • Iranian Civil Code («قانون مدنی»)

  • Iranian Code of Civil Procedure («قانون آیین دادرسی دادگاه‌های عمومی و انقلاب در امور مدنی»)

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

First, the text of the contract, the subject of the obligation, the date of execution, correspondence and documents of non-fulfillment of the obligation are examined. Depending on the conditions, a demand for execution, sending a declaration, a claim for damages or filing a lawsuit to enforce the obligation can be raised.
Contract and annexes, Documents of payment or performance of mutual obligations, Correspondence and messages, Declarations and any document that shows the existence of an obligation and its maturity are usually important.
The possibility of collecting claims depends on the text of the contract, The type of damage and its legal basis. In particular, it should be specified agreed contractual penalty for the specified delay or for the failure to fulfill the obligation.

Methods of contact

Contact us for advice and follow-up of the case through the following ways

Telegram@rakideh_lawyer WhatsApp09122023686 InstagramVakil.fatemeh.rakideh Contact09122023686