An Analysis of the Right to Suspend in the Islamic Jurisprudence, Iranian Law and Modern French Law

The requirement of contractual relations is based on the fulfillment of the obligations of each party. However, sometimes the obligor refuses to do so, on condition of anonymity. The policy of the legislator in this situation is based on maintaining the solidity of the contract, trying as much as possible to maintain the legal relationship, and it has considered several solutions to this end. Iranian religious jurists have explained in detail the title of the right to withhold performance in case law in one of the methods of obliging the obligor to coerce and Iranian civil law has stated in its provisions without specifying the title in various topics. On the other hand, the term of the right of suspension is based on the objection of non-performance in European law, and the French legislator emphasizes that the non-performance should be essential, but in Iranian law, the concept of essential non-performance is not defined. The right to withhold performance is a concept which derives particularly from Imamiah Jurisprudence and is fundamentally different from the right to suspension. The authors of this article attempt to analyze the concept of the right of suspension and objection to non-performance of obligations and to distinguish it from the right to withhold performance by an analytical-descriptive method and by using valid case law sources, legal works in Iranian law and taking into account recent reform of French law.