چکیده:
Performance of contractual obligations is one of important issues in law of contracts. The principal purpose of formation of a contract is reaching of the parties to the subject matter for which they have entered into the contract. In order to achieve this purpose it is necessary that each party fulfill and deliver what he/she has undertaken under the contact .One of the most significant questions in performing contractual obligations is that whether at the time of the performance of the obligation the obligee can ask the performance and after this demand and delay of the obligor he/she can demand the remedy for delay in payment in addition to enforcing the obligor to carry out the obligation or mere coming of the time to perform is enough to responsibility of the obligor and asking the remedy of delay in payment? Legal systems have different approaches in answering this question. Some of them consider notice as the precondition for the responsibility of the obligor, performance of the obligation and compensation and some do not regard notice as necessary and consider the mere coming of the time of performance enough for this purpose. This research has dealt with the approach of the legal systems as to this subject and the legal system of Iran has been studied through an approach toward Imamiyah jurisprudence, law of France and English law.
خلاصه ماشینی:
Iranian Law In Article (226 of the Civil Code), as a general rule governing obligations, the mere expiration of time for claiming damages for non-performance of the obligation or delay in performance is sufficient, and as soon as the due date arrives and the failure to perform the obligation, damages for delay begin, and mentioning the time in the contract will mean that the demand by the creditor has been made (implicitly) at the very beginning of the due date.
In Iranian law, according to Article (226 of the Civil Code), which is stated as a general and universal rule in obligations, the failure to perform the obligation at the specified time is sufficient for the liability of the obligor, and there is no need for a demand from the creditor.
Since the legislator has referred to the Civil Code in this discussion as the general regulations governing contracts, it can be said that the principle in Iranian law is the lack of necessity for a demand from the creditor, except for specific cases mentioned in the law or if the parties have mentioned demand as a condition for the performance of the obligation as an implied contractual term.
If the obligor deposits the subject of the obligation into the justice fund, he can prevent the payment of damages for delay in performance; however, this obligation applies in cases where the creditor refuses to receive it (Article 1257 of the French Civil Code).
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