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Obligation to fulfill contractual obligations

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Obligation to fulfill contractual obligations

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Obligation to fulfill contractual obligations

Any contract that is concluded the parties to the contract are responsible for tasks and duties to perform a specific task and achieve the ultimate goal, which are called “contractual obligations”. Failure to fulfill the above obligations has various legal effects and consequences that cause each party to the contract to file a lawsuit to fulfill their right, which will be the beginning of a lawsuit in the courts. According to the law, in addition to the obligations stipulated and agreed in the contract, the parties to the contract are required to perform all the results that are obtained from the contract according to custom and law, and non-fulfillment of these obligations may lead to litigation against The side is short.

Concluding any contract may, in addition to the contractual obligations, create several legal and customary obligations for the parties that the parties will be required to fulfill this type of obligation according to the principle of the necessity of the contract.

In order to file a petition for the obligation to fulfill the contractual obligations, it is necessary to observe the following points:

  • Existence of an obligation, including the obligation authorized in the contract or an obligation based on custom or law, the proofs of which are:

A) A document and evidence that indicates the conclusion of a contract, whether it is formal or ordinary and has not been denied, doubted or forged, and in case of allegation of forgery, denial or doubt, by referring the matter to an expert by the trial court at the discretion of the court, it can be considered at the request of the plaintiff.

B) Testimony of witnesses: If the principle of obligation is not documented in an ordinary or official document, a lawsuit based on the testimony of witnesses can be filed in judicial courts, in which the testimony of witnesses must be cited as evidence at the time of filing the petition.

  • Failure to perform or fulfill the obligation by the obligor, the evidence of which is:

A) Confession of the obligated person (defendant of the lawsuit) to not fulfilling the obligation in the presence of the court or in the presence of witnesses.

B) Referral to an expert to determine to fulfill the obligation due to the technical and specialized nature of the issue that has been disputed.

C) Testimony of witnesses stating that the obligor has not performed the obligation or testimony on the obligor’s confession that the obligation has not been performed.

You can contact the Asia Lawyers Group to file a lawsuit to meet your contractual obligations, so that our consultants and lawyers can guide you to the ultimate goal with the best guidance.

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