Private Law Research

Non-cooperation of the promisee in breach of contract in Iranian and European law

Document Type : Research Paper

Authors

Mohammad Taqi Rafiei 1
Seyed Hossein Hejazi 2

1 Associate Professor, Faculty of Law, Farabi School, University of Tehran, Tehran,Iran

2 : Ph.D. student of Private Law, Aras International Campus, University of Tehran,Tehran,Iran

https://doi.org/10.22054/jplr.2022.58197.2520
Abstract
When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the breach of commitment and the cause of its deviation from the terms of the contract, so that one can predict his conviction from the beginning. In Iran's law, it is less attentive that the violation of the Treaty may be disabled for non-cooperation of the obligee, while the implementation of qualifier commitment may be on his cooperation. Where the obligee would have to deliver the project's location to establish a workshop, or the client will submit the principles of documents, information and witnesses ' names, or the disease that should be carried out by the doctor before the surgery, all the anath of the implementation of a commitment to the Obligee's cooperation. This cooperation can sometimes be defined as a verb, leaving the verb, submitting the goods or documents, providing services and information, resulting in a lack of cooperation, a contract with a challenge and a bug. Rationals and will logically and the implementation of the contract shall be subject to the obligee's cooperation, but the question is to mind whether this cooperation should be stipulated in the contract or a marriage is concluded or is considered as a contract of marriage and customary equipment. Unlike Iran's legal and judicial literature, the role of the obligee cooperation in European countries ' rights and European legal documents has been approved and various works have been predicted for his non-cooperation.  In this paper, in addition to the legal foundations of such a commitment, the various legal effects of its breach are investigated so that the sum of them can be explained most of the role of this cooperation.

Keywords

Commitment of cooperation
Obligee
committed
breach of contract
Akhlaghi, behruz; Imam, Farhad, Laws of International Trade, Volume 2, 3rd Ed, (Tehran: Samt Publishing, 2011)
Asghari Aghmshahdi; Fakhruddin, Hamid Reza Aboui, "Good faith in the implementation of contracts in British and Iranian law",Journal of Faculty of Law and Political Science, Volume 2, (Summer 2019)
Jafari Langroudi, Mohammad Jaafar, Laws of Obligations, 4th edition, (Tehran: Ganj Danesh Library, 2015)
Hejazi, Seyyed Hossein, Implementation of the same commitment, Master's thesis, Kashan University (2008)
Deilmi, Ahmed, "Anatomy of the concept of obligation", Legal Encyclopedias Quarterly, Volume 2, Number 4 (2018)
Rafiei, Mohammad Taqi, Majd's comprehensive legal encyclopedia, 2nd ed, (Tehran: Majd Publications, 2014)
Shoareyan, Ibrahim; Torabi, Ebrahim, Laws of Obligations, 1st ed, (Tehran: Shahr Danesh Publishing House, 2013)
Shoareyan, Ibrahim; Torabi, Ebrahim, Principles of European contract law and Iranian law, 1sd  ed (Tabriz: Farozesh Publishing House, 2010)
Shoareyan, Ebrahim, "Commitment to the cooperation of the obligee in the execution of the contract", Journal of Private Law, Volume 8, Number 1 (2010)
Shoareyan, Ibrahim; Rahimi, Farshad, "Material compliance of goods with the contract in the Convention on the International Sale of Goods", International Legal journal, No. 51 (2013)
Shahidi, Mehdi, The Fall of Obligations, 4th ed, (Tehran: Majd Publications, 2016)
Shahidi, Mehdi, Works of Contracts and Commitments, 3rd ed, (Tehran: Majd Publications, 2016)
Safa, Mohammad Ali, "The Right to Imprisonment", Jurisprudence and History of Civilization Quarterly, No. 20 (2008)
Safaei, Hossein et al., International Sales Laws, 1st ed, (Tehran: Tehran University Press, 2016)
Katouzian, Nasser, legal practices; Contract and Iqaa, 3nd ed, (Tehran: Mezan Publishing House, 1371)
Katouzian, Nasser, General Theory of Obligations, 2nd ed, (Tehran: Mizan Publishing, 2012)
Mousavi Bojnordi, Mohammad, "The role of good faith in contracts and contracts in jurisprudence and law", Quarterly Journal of Law and Political Science, University of Tarbiat Moalem Al-Qur'an, 2nd year, number 2 (2006)
Mahtabpour, Mohammad Kazem, the basis and nature of obligations of the obligee in the execution of the contract, Master's thesis, University of Judicial Sciences (2014)
Nojumian, Hossein, "The field of comparative law in the legal systems of Islam, France, England, and Russia", Waqf Magazine of Legacy, No. 30 (1373)
 
ب) انگلیسی
Antoniolli, Luisa & Veneziano, Anna, Principles of European (2005)
Busch, Danny, The Principles of European Contract Law and Dutch Law, A Commentary, Kluwer Law International. (2002)
Banakas, S, Liability for Contractual Negotiations in English Law, In Dret. (2009)
Bar, Christian von & Clive, Eric & others (eds), Principles, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference, Full Ed, Vol.1 & 2. (2009)
Basedow, Jürgen, The Unidroit Principles of International Commercial Contracts and German Law. [available at: Cibinic J & others (2006) Administration of Government Contracts. 4th ed, U.S.A Kluwer pub(1995)
Demouge, R, Traité des obligations en general, t . IV ,  No 29, Paris. (1931)
Diesse,F le devoir de coopration comme principe directeur du contrat.Arch.phil droit. T43(1999)
Follen, M and Janson, P, Refusal Commitments of obligations in private contracts, Gama Pub, London,(2008)
Honnold J.o Uniform Law for International sales under the 1980 United Nation Convention 2d U.S.A Kluwer (1991)
Lando, Ole & Beale, Hugh, The Principles of European Contract Law, Part I and II, Kluwer Law International. (2000)
Mac Queen, H.L. Good faith in Contract and Property, A.D.M.  4th ed U.S & Canada, Hart Pub(1999)
Markesinis, Sir Basil & others, The German Law of Contract, A Comparative Treatise, 2nd ed, Hart Pub. (2006)
Weigand, T.A, The Duty of Good Faith and Fair Dealing in Commercial Contracts in Massachusetts, Massachusetts Law Review, Spring. (2004)
Weill, A. & Terré , F., Droit Civil: Les Obligations, 4th ed, Paris, Dalloz. (1986)
Zimmermann, Reinhaard, Breach of Contract and Remedies under the New German Law of Contract, Saggi, Roma, Conferenze E Seminari(2002)
Private Law Research
Volume 10, Issue 39
Spring 2023
Pages 39-72

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