Economic Analyze of Subject Transaction and its Effects on the Sanction of the Obligatory Performances, Termination and Contractual

In iran''s legal system، transaction subject is divided to specified original، in specified place and general، in an adjective and logical division and sanctions of specific performance، termination and contractual responsibility is predicted for it. Many of authors directly has implied to inefficiency of present form of sanctions without objection to above mentioned executions and suggested some strategies in order to modify this procedure. In this research، it is explained that the present state of the above mentioned sanctions is the natural result of formal division of transaction subject. On this basis، it seems that on appropriate analysis of transaction subject and replacement of economical view is a solution of raising practical and economical difficulties of this way of sanctions. Economical analysis of transaction indicate that material originals have not «ends in themselves» in transactions، but the subject of transactor commitment is accomplishment of «expected contractual position» of obligee. This position which has various components has material value independently in present common and it could be accomplished in various ways such as mentioned material original in contract and it''s substitute، thus transaction subject in no way appointed in special material original and specific performance will be subjectively negated، the contract is also execuble in various ways and there is no reson for breach of contract and resorting to termination. Furthermore، since the obligee has no right for obligation of obligor، he is charged to behave conventionaly and supposedly he could prevent damage or it''s increase through performing of transaction subject he should behave conventionally، unless he is in charge and is deprived of this part of damage.