papers

Abstract
In contractual relationships, accurate and timely implementation of obligations is of particular importance. But sometimes the obligor commits a breach of contract and, in spite of the issuance of the court judgment for specific performance, he still refuses to carry out obligation. Subject to the provisions of Articles 222, 238 of the Civil Code and Article 47 of the Code of the Execution of Civil Judgments, where the obligation is enforceable by a person other than the obligor, the third party may perform the obligation or even the obligee himself fulfill the obligation and claim for the cost of such performance. Also in Article 1222 of the French New Civil Code, which replaced the former Article 1144, such a performance has been recognized. A comparative study of the issue can provide an accurate response to some questions which has been raised in the issue. Third - party involvement in the implementation of obligation is only conceivable in the obligations to do and not to do which has no personal aspect. A comparative study of French law, that inspired the drafters of Iranian Civil Code, shows that such performance by a third party is a kind of specific performance and the discharging of original obligor is its main effect which consequently all of the guarantees will be extinguished, meanwhile the obligor will be condemned to pay expenses of performance.