Abstract:
Iranian law, following the view of the majority of Imami jurists, has accepted the solution of compelling specific performance as a principle and makes no distinction between personal and non-personal obligations in this regard. In other words, in personal obligations, just like other obligations, the first and primary solution to counter a breach of obligation is to resort to a method of compulsion for specific performance; if compulsion is impossible, the obligee gains the right of rescission. Given that in these types of obligations, performance by a third party is not possible, it seems that the only method of compelling the obligor to fulfill the commitment is the use of the weapon of compulsion, which will be discussed and studied in this article.
Machine summary:
However, enforcement mechanisms that are rooted in the law, such as the "right to compel the performance of the essence of the obligation," which can be inferred from Articles 237, 238, 239, 376, and 476 of the Civil Code, are guarantees that the legislator has considered for the fulfillment of the obligation, whereby the violator of the obligation can be compelled to perform the obligation, or options that the legislator provides for the holder of the option at different times, based on which the obligee (the holder of the option) can rescind the contract to prevent damage or increase the damage caused by the deficiency in the obligation.
Thus, in any case, the contract must be executed; the difficulty of performing the obligation by the obligor or the impossibility of compelling the person is not an obstacle to the court's judgment or order based on the fulfillment of the essence of the obligation.
This article stipulated: «In cases where the subject of the obligation is an act whose performance is not possible except by the person of the obligor, the court may, at the request of the obligee in the judgment regarding the main claim or after the issuance of the judgment, determine a period and an amount such that if the judgment debtor does not execute the content of the final judgment within that period, they shall pay the said amount to the judgment creditor for each day of delay».
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