Early performance of contractual obligaition in Islamic and Iranian Law

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Alavi Seyed Mohamad taghi; YOUSEFI HOSSEIN

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Journal: PRIVATE LAW Year:2019 | Volume:7 | Issue:25 Page(s): 235-261

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Information Journal Paper

Title

Early performance of contractual obligaition in Islamic and Iranian Law

Author(s)

Alavi Seyed Mohamad taghi | YOUSEFI HOSSEIN | Issue Writer Certificate

Keywords

ContractQ2

obliationQ2

implementation of obliation DueQ2

time of performanceQ1

Early performanceQ1

Abstract

In Contract law, general rule is that Contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires compensation. Undoubtedly, the time of Contract performance is among the factors that has a direct effect on the parties’ liability. Therefore, the obligation must be met in due date within the definite period. However, there is a possibility that under some circumstances, the performance occurs earlier than due date which is interpreted as an Early performance. The question is whether it is possible to perform before the due date. Although some countries have a clear legal position in this regard, Iranian law does not consider Early performance. This subject has not discussed by lawyer and academics either. On the other hand, this issue has been dealt with by jurisprudence, and different views have been expressed. There is no stipulated valuation in Iranian Law, we suggest that this issue should be considered in the Civil Code.

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APA: Copy

Alavi, Seyed Mohamad taghi, & YOUSEFI, HOSSEIN. (2019). Early performance of contractual obligaition in Islamic and Iranian Law. PRIVATE LAW, 7(25 ), 235-261. SID. https://sid.ir/paper/252650/en

Vancouver: Copy

Alavi Seyed Mohamad taghi, YOUSEFI HOSSEIN. Early performance of contractual obligaition in Islamic and Iranian Law. PRIVATE LAW[Internet]. 2019;7(25 ):235-261. Available from: https://sid.ir/paper/252650/en

IEEE: Copy

Seyed Mohamad taghi Alavi, and HOSSEIN YOUSEFI, “Early performance of contractual obligaition in Islamic and Iranian Law,” PRIVATE LAW, vol. 7, no. 25 , pp. 235–261, 2019, [Online]. Available: https://sid.ir/paper/252650/en

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