Specific performance of a contract in common law and Iran

Haddadzadeh Shakiba, Ali; Deylami,, Ahmad; Soltaninezhad,, Hedayatollah

doi:10.22096/law.2021.110467.1483

Specific performance of a contract in common law and Iran

Document Type : Research Article

Authors

Ali Haddadzadeh Shakiba ¹

Ahmad Deylami, ²

Hedayatollah Soltaninezhad, ³

¹ Ph.D. student of private law, Qom University, Qom.Iran.

² Associate Professor, Faculty of Law, Qom University, Qom, Iran.

³ Assistant Professor, Faculty of Law, Qom University, Qom, Iran

10.22096/law.2021.110467.1483

Abstract

One of the most popular and routine remedy relating to the contractual infringements is specific performance. Application of this remedy, however, as primary or secondary, is different in many legal systems. For example, however, the application of this remedy in the common law system is secondary and exceptional, in Islamic and Iran legal system is primary and main. Inasmuch as the difference of these two enormous systems, as each procedure has a different effect on including the claimant interests, makes a challenge for this paper investigate the philosophy of the difference. To answering of this question, the paper could understand that the most important philosophy of the common law in its procedure is the paradox of specific performance with loss mitigation principle, however, the most important philosophy of Islamic and Iranian procedure is the principle of prohibition of the claimant to leave the contract pledges just cause of other party faults in acting according to the contract provisions. In last, this paper, through its way to expedite the difference between these two systems, concluded that as contracts often include two different interest of performance and subsequent losses ,and since the common law procedure just recovers the second one, the Islamic and Iranian model is much better and developed than the common law counterpart.

Keywords

Contractual benefit

Contractual Remedies

specific performance

Contractual damages

Premier contractual remedies

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