Among the various types of obligations, personal obligations—those requiring performance exclusively by the obligor—hold a distinct place. These are obligations that cannot be delegated or fulfilled by a third party. In the Iranian legal system, despite the existence of certain specific provisions—such as the right to rescind or withhold performance in particular cases—there is still no comprehensive or coherent framework for the enforcement of such obligations.
In contrast, the French legal system, through mechanisms such as astreinte, delay fines, and social restrictions, has sought to establish binding and effective instruments to ensure compliance with personal obligations.
This study, through a comparative approach and analysis of statutory laws and judicial practice, examines the challenges and legal mechanisms employed in Iran and France for enforcing personal obligations. It underscores the need for legislative reform in Iran’s legal system to incorporate effective enforcement tools such as compulsory fines and limitations on social rights.
The findings indicate that a combined application of financial and social mechanisms, while maintaining the principles of freedom of will and respect for the obligor’s personality, can enhance the efficacy of enforcement for this category of obligations.