تاثير اجراي جزئي يا ناقص تعهد بر حق حبس با مطالعه تطبيقي در حقوق برخي كشورهاي اروپايي

The Effect of Partial or Defective Performance on the Right of Lien with a Comparative Study in Some European Countries Law

In mutual obligations, the necessity of simultaneous performing of obligation and withholding performance with refusal of the other party has been approved as two interdependent rules in Iranian law and the majority of European countries. What the present essay engaged in is that if one of the counter creditor pioneers carries out the partial of defective performance, what would be the effect of this case on the right of lien of the other party. After pondering and criticizing the different views about this case, the authors came to this conclusion that in the hypothesis of the problem in some cases and considering some conditions in the right of lien, the other party may not withhold his own performance to the same proportion from the obligation that is performed.