Legal agreements in time-dependent matters are made in the form of a Successive Contract that has a time-oriented function. Consistent with this description, these contracts have significant ...substantive and procedural distinctions which help an independent type of contracts emerge based on legal analyses and justifications. The Iranian Civil Code does not specify these contracts in particular; however, due to the prevalence of several instances of successive contracts as specific and the need to analyze their legal criteria, a comprehensive study of these contracts seems necessary. Drawing on the relevant literature and recruiting a descriptive-analytical design, the present study seeks to (a) analyze the precise nature of the successive contracts and the role of time in them and (b) explain their most significant legal distinctions. Findings suggest that the necessity of time-passage for the fulfilment of the subject of a successive contract is the very distinctive substantive characteristic of such contracts. The need for normalizing successive contracts and highlighting their distinctions with instant contracts is then justifiable. The criterion would be helpful in determining the instances of successive contracts- whether known or unknown.
Performance of contractual obligations is one of important issues in law of contracts. The principal purpose of formation of a contract is reaching of the parties to the subject matter for which they ...have entered into the contract. In order to achieve this purpose it is necessary that each party fulfill and deliver what he/she has undertaken under the contact .One of the most significant questions in performing contractual obligations is that whether at the time of the performance of the obligation the obligee can ask the performance and after this demand and delay of the obligor he/she can demand the remedy for delay in payment in addition to enforcing the obligor to carry out the obligation or mere coming of the time to perform is enough to responsibility of the obligor and asking the remedy of delay in payment? Legal systems have different approaches in answering this question. Some of them consider notice as the precondition for the responsibility of the obligor, performance of the obligation and compensation and some do not regard notice as necessary and consider the mere coming of the time of performance enough for this purpose. This research has dealt with the approach of the legal systems as to this subject and the legal system of Iran has been studied through an approach toward Imamiyah jurisprudence, law of France and English law.
In contract law, general rule is that contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires ...compensation. Undoubtedly, the time of contract performance is among the factors that has a direct effect on the parties’ liability. Therefore, the obligation must be met in due date within the definite period. However, there is a possibility that under some circumstances, the performance occurs earlier than due date which is interpreted as an early performance. The question is whether it is possible to perform before the due date. Although some countries have a clear legal position in this regard, Iranian law does not consider early performance. This subject has not discussed by lawyer and academics either. On the other hand, this issue has been dealt with by jurisprudence, and different views have been expressed. There is no stipulated valuation in Iranian Law, we suggest that this issue should be considered in the Civil Code.
