A Jurisprudential and Legal Analysis of Enforcement and Termination Remedies in Personal Service Obligations

Articles in Press

Document Type : Scientific Research

Authors

1 PhD Student, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran, Researcher, Judiciary Research Institute

2 Full Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran

3 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran

Abstract

Obligations requiring the personal performance of the obligor, due to their inherently unique and specific mode of execution, necessitate distinct remedies that must be applied in accordance with the legislator’s intent and the principles of law and Islamic jurisprudence. Given the emphasis in Iranian law and judicial practice on specific performance, all forms of enforcement must be considered, not merely direct and physical enforcement. The coercive fine, derived from the explicit language of the Note to Article 47 of the Law on Enforcement of Civil Judgments and grounded in jurisprudential principles such as taʿzīr, constitutes a form of enforceability applicable to such obligations. This study, conducted using a library-based and descriptive-analytical approach, explores the nature of personal obligations and, considering the jurisprudential and legal debate over vertical and horizontal remedies (specific performance and termination), evaluates the appropriate remedies and their application. While Iranian law favors a vertical structure of remedies, the obligee may still be granted the option to choose between specific performance and termination, even where indirect enforcement such as a coercive fine is applicable.

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Civil Law Knowledge

Articles in Press, Accepted Manuscript
Available Online from 08 October 2025

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