Early performance of contractual obligaition in Islamic and Iranian Law

Alavi, Seyed Mohamad Tagi; Yousefi, Hossein

doi:10.22054/jplr.2018.25010.1641

Early performance of contractual obligaition in Islamic and Iranian Law

Document Type : Research Paper

Authors

Seyed Mohamad tagi Alavi ¹

hossein yousefi ²

¹ Proffessor of University of Tabriz, Tabriz. Iran.

² LL.M. In Private Law University of Tabriz, Tabriz. Iran

https://doi.org/10.22054/jplr.2018.25010.1641

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.

Highlights

Keywords

Contract

obliation

implementation of obliation

Due time of performance

Early performance

- Christine zaccaria, Elana,”The Dilemma of good Faith in international commercial Trad “.Macquarie journal of business Law, vol.1.111, 2004.

- Enderlin, fritz&maskow, Diertrich.international sales Law: united nations convention on contracs for the international sales of goods, oceana pub, 1992.

- Honnold, john&flechtner, harry M, uniform Law for international sales under the 1980 united nations convention, The Netherlands, kluwer law international, 2009.

- Joachim bonell Michael, an international restatement of contract law, 2nd ed new yourk, 1997.

- Lando, ole&beale, Hugh(eds), the.pinciples of European contract Law, part I&II, prepared by the commission on European contract Law, kluwer law international, netherlands, 2000.

- P. Huber & A Mullis, A, the cisG:A new textbook for students and practitioners, sellier 2007.

- S. Eselen, a comparison of the remedies for breach of contract under the CISG and south Law ,(basedow et al, eds, aufbruch nach Europa-75 jahre max-plank-institut fur privatrecht, mohr siebeck;Tubingen 2001).

- Treitel (G.H.) - The Law of contract, 6th ed, London, 1983.

Uncitral Digest of case Law on the United Nations convention on contracts for the international sale of Goods United Nations, New York, 2012.

Will, Michael, bianca-bonel, commentary on the international sales Law ,Giuffre 1987.

- Ying, colin, time for delivery and early delivery:comparison between the provision of CISG articles 33 and 52 (1)and the counterpart provisions of the PECL (articles 7:103).an international approach to the international of the united nations convention, 2007.