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Supplementary 2019





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


Hasan Talebi1 , Siamak Jafarzadeh , Reza Nikkhah Sarnaghi

Abstract

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.



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