Volume 21, Issue 1 (2017)
CLR 2017, 21(1): 27-52 |
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Deylami A. The Doctrine of Anticipatory Breach of Contract and Logic to Solve the Dilemma Caused by It, In the Shi'a Fiqh. CLR 2017; 21 (1) :27-52
URL: http://clr.modares.ac.ir/article-20-2788-en.html
URL: http://clr.modares.ac.ir/article-20-2788-en.html
Associate professor of department of private and Islamic law, faculty of law, University of Qom, Qom, Iran.
Abstract: (8458 Views)
In the contracts that have a specified time of performance, and in which the promisee anticipates that the promisor cannot, or will not, be able to perform his/ her duty on time, will the promisee have the right to suspend or rescission the contract? In answer to such a question, a theory has been developed, with a variety of bases for justification of its acceptance. And its critics raised some critical appraisals according to each basis provided. It has been almost two or three decades that such a question has been posed in the Iranian legal system. The dissenters stick to the insincerity of breaching the contract for accepting the basis; on the other hand, those who agree with it stick to the necessity of accepting it because of its necessity, hence appeal to local law. The present paper holds that such arguments prove insufficient. Hence, it renders a new solution; all derived from the spirit Islamic Law, i.e. Muqaddamat mufawwetah, all devised for reaching a logical and scholarly solution to this problem.
Received: 2015/12/17 | Accepted: 2017/05/22 | Published: 2017/07/11
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