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Main Page / Legislations / Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles / Chapter One – Compulsory Performance / Subchapter II – Compensatory Performance
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force
Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458
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Subchapter II – Compensatory Performance

  • 111 Article (Repealed)

    The obligation shall be performed by indemnity in the cases and under the provisions prescribed by law.
    6/30/2004

  • 112 Article (Repealed)

    Indemnity shall not be payable until the obligor is notified, unless the parties agree or the law provides otherwise.
    6/30/2004

  • 113 Article (Repealed)

    An obligor may be notified by a warning or by any other official paper in lieu of the warning. A notice shall not be necessary where it is agreed that the obligor be considered notified immediately upon the maturity of the debt.
    6/30/2004

  • 114 Article (Repealed)

    A notice shall not be necessary in any of the following cases:
    1.      Where the performance of the obligation in kind is not possible due to the act of the obligor, especially if the obligation transfer in kind or doing an act, it shall be performed in a given time that elapsed without performance or the obligation was stoppage of an act and breached by the obligor.
    2.      Where the obligation is an indemnity arising from any unlawful act;
    3.      Where the obligation requires the return of a thing that the obligor knows to have been stolen, or the delivery to the obligor of a thing to which he knowingly has no right;
    4.      Where the obligor expressly states in writing that he shall not perform his obligation.
    6/30/2004

  • 115 Article (Repealed)

    The court may decrease the amount of indemnity or reject any request for indemnity where the negligence of the obligee contributed to or aggravated the damage.
    6/30/2004

  • 116 Article (Repealed)

    The parties may agree that the obligor shall bear liability for force majeure or unforeseen incident. The parties may agree to discharge the obligor from any liability arising from his failure to perform his contractual obligation, except for his fraud or gross negligence. The parties may also agree to discharge the obligor from liability for fraud or gross negligence committed by persons employed by the obligor to perform his obligation. And any condition stipulating to discharge from the liability arising from unlawful act shall be rescinded.
    6/30/2004

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