Time and Place of the Fulfillment of Contractual Obligations
Journal: International Journal of Nations Research (Vol.6, No. 61)Publication Date: 2021-01-21
Authors : Morteza J. Sarand;
Page : 121-137
Keywords : Contractual Obligations; Time and Place; Fulfillment of Obligations; International Trade Agreements;
Abstract
The main purpose of the parties to the contract is to meet the provisions of the contract. As a result of any contract, the parties assume obligations that they are obliged to fulfill. Of course, the obligations must be fulfilled at the time and place agreed and stipulated in the contract, which sometimes are not specified in the contract or cannot be recognized from the text of the contract. In this case, the time and place of fulfillment of obligations can be determined by referring to the law governing the contract. In the present study, the time and place of the fulfillment of contractual obligations in Iranian law and the principles of international trade agreements have been studied comparatively. According to these laws, in some cases a distinction is made between monetary and non-monetary obligations, and in other cases, no reference is made to this issue, which indicates that the laws are the same for monetary and non-monetary obligations. The principles of international trade agreements regarding the time of the fulfillment of contractual obligations explicitly refer to the issue of early fulfillment of obligations, while the Iranian Civil Code does not independently consider early fulfillment, but the provisions of the Civil Code in this regard can be recognized by referring to some articles.
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