Peremptory and topical distinguishing of accessory (conditional) commitments and the outcomes of their violation with an emphasis on the condition of performance in medical obligations
A contract includes commitments that are installed intentionally, commonly or legally. By insertion of conditions, the contracting parties create certain commitments plus the primary obligations the violation of which would cause liabilities in a case-specific manner. The qualification, corollary and performance are amongst the well-known conditions of the contracts. Postponement should be also enumerated amongst the independent conditions that per se have their own legal mandates. It is not possible to violate the corollary condition and this meets the need for the discussions about its legal mandates and liabilities. But, how is the situation for the qualifications and performance conditions? In regard of breaching the condition of qualification, as well, the civil law has predicted in article 410 the revocation right in favor of the person to whose benefit the condition has been set, i.e. the beneficiary, whereas the present article also tries justifying the idea that, besides granting revocation right, it is naturally necessary to require the performing of the subject of the qualification condition. In cases of the violation of the performance condition, the Iranian legislator, following the jurisprudential maxims, firstly requires the violator to perform the specified condition and realizes the revocation right as the last resort and means of repelling the losses from the person to whose benefit the condition has been set. Moreover, some have opined the revocation right alongside with the requiring of the performance of the condition.
Contact SPER Publications
SPER Publications and Solutions Pvt. Ltd.
HD - 236,
Near The Shri Ram Millenium School,
Noida-Greater Noida Expressway,
Noida-201301 [Delhi-NCR] India