چکیده:
The Civil Procedure Code has very briefly mentioned the submission of a declaration in Article 156 and in the section on incidental and security matters, but has not said anything about its nature and effects. Although it has not considered the submission of a declaration to have any significant effect and has considered its submission to be an almost arbitrary matter, in the proceedings every action must have specific and determined effects. The former Civil Procedure Code had mentioned the submission of a declaration in Articles 709 and 710 in Chapter 10, which was entitled Damages and Compulsion to Perform an Obligation. It seems that the title of Chapter 10 of the former Civil Procedure Code was adapted from the title of Chapter 5 of the French Civil Code before the recent amendments, Damages and Benefits Resulting from Non-Performance of an Obligation. in French Civil Code considered the claim of a claim and an obligation as a condition for claiming damages . Therefore studying the nature and effects of the declaration requires studying the claim and obligation in French law. For this reason declaration in Iranian law and the claim of obligation in French law will be compared.
خلاصه ماشینی:
Formal Notice and its Comparison with the Demand for Performance in French Law Faculty member of the Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Khairullah Hormozi Iran The Civil Procedure Code, in Article 156 and in the section on incidental and precautionary matters, has briefly addressed the sending of a formal notice, but has said nothing regarding its nature and effects.
4 Another author of civil procedure, who has stated unique points regarding formal notice, considers this document to be a pre-lawsuit measure and a preliminary step for filing a lawsuit, defining it as follows: "A written declaration and statement that the declarant intends to officially announce the subject matter and rights under 5 claim to the recipient".
One example of this obligation is the rescission of an insurance contract based on Article 13 of the Insurance Law. In this regard, if the insurer does not send a formal notice to the insured, in the event of a dispute regarding the occurrence of rescission, the court will not hear the insurer's claim.
The claim for damages for delay in payment in a case where no specific period has been set for the fulfillment of an obligation (Article 226 of the Civil Code) is conditional upon a demand; for this demand to be effective, it must be made by sending a formal notice.
However, in most cases, compensation for damages is conditional upon the obligee having demanded the performance of the obligation from the obligor (Article 1231 of the French Civil Code).
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