An analysis of the obligation in modern French law and the need to reform Iranian law

The civil law of Iran and France has several guarantees for the fulfillment of contractual obligations, and the obligation is one of them. The legal nature of this type of non-enforcement guarantee has been the subject of much legal research. The issue is important because its amount is significant in some cases and the imbalance in economic value between the obligations arising from the contract and the obligation can be seen and that the authority of the judge in Iranian law to review it is limited. Be. In recent amendments, French law, in addition to defining the concept of this guarantee in other clauses, has explained the legal regime, but ambiguities remain in order to identify the criminal nature of the obligation and distinguish it from other guarantees of non-performance of obligations. The analysis of the above cases and the possibility of its application in Iranian law is the motive of this research, especially since an important part of the lawsuits is the demand for obligation and it is necessary for the legislator to fill the legal gaps in this field and from a classical point of view. Give up.