The premature performance of contractual obligations
By concluding a contract, some obligations might be generated for the parties or one of them. Each obligation_ whether it is the main term or arise from the implied term in contract _ should be performed on time. Sometimes parties in a contract determine the time for performance of obligation, thus...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Semnan University
2013-10-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_1902_2de1c2f162a49ebcd3bcf3673fa27fd0.pdf |
| _version_ | 1797296390360006656 |
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| author | M.B. Parsapour H. Kabiri |
| author_facet | M.B. Parsapour H. Kabiri |
| author_sort | M.B. Parsapour |
| collection | DOAJ |
| description | By concluding a contract, some obligations might be generated for the parties or one of them. Each obligation_ whether it is the main term or arise from the implied term in contract _ should be performed on time. Sometimes parties in a contract determine the time for performance of obligation, thus the obligation has to be performed naturally and logically at the appointed time. yet, in some circumstances , the promisor probably attempts to perform the obligation prior to the appointed time that is called âPremature Performanceâ. In this paper, we have concerned to this type of performance comparatively, and concluded that if by considering the contractâs contents or nature or circumstances, it is not known that who will benefit from performance time, it appears that the promisor is the beneficiary in the performance time. Thus, the promisor can perform the obligation prematurely. In shiâite jurisprudence, the prevailing viewpoint is that both parties are benefited by performance time. Accordingly, the promisee is empowered either to accept or reject the premature performance. |
| first_indexed | 2024-03-07T22:03:58Z |
| format | Article |
| id | doaj.art-2c9f5ce840404bbcb1064ed4be2c3851 |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:03:58Z |
| publishDate | 2013-10-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-2c9f5ce840404bbcb1064ed4be2c38512024-02-23T23:17:07ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302013-10-0159254210.22075/feqh.2017.19021902The premature performance of contractual obligationsM.B. ParsapourH. KabiriBy concluding a contract, some obligations might be generated for the parties or one of them. Each obligation_ whether it is the main term or arise from the implied term in contract _ should be performed on time. Sometimes parties in a contract determine the time for performance of obligation, thus the obligation has to be performed naturally and logically at the appointed time. yet, in some circumstances , the promisor probably attempts to perform the obligation prior to the appointed time that is called âPremature Performanceâ. In this paper, we have concerned to this type of performance comparatively, and concluded that if by considering the contractâs contents or nature or circumstances, it is not known that who will benefit from performance time, it appears that the promisor is the beneficiary in the performance time. Thus, the promisor can perform the obligation prematurely. In shiâite jurisprudence, the prevailing viewpoint is that both parties are benefited by performance time. Accordingly, the promisee is empowered either to accept or reject the premature performance.https://feqh.semnan.ac.ir/article_1902_2de1c2f162a49ebcd3bcf3673fa27fd0.pdfappointed timepremature performancepromisepromisorpromisee |
| spellingShingle | M.B. Parsapour H. Kabiri The premature performance of contractual obligations مطالعات فقه و حقوق اسلامی appointed time premature performance promise promisor promisee |
| title | The premature performance of contractual obligations |
| title_full | The premature performance of contractual obligations |
| title_fullStr | The premature performance of contractual obligations |
| title_full_unstemmed | The premature performance of contractual obligations |
| title_short | The premature performance of contractual obligations |
| title_sort | premature performance of contractual obligations |
| topic | appointed time premature performance promise promisor promisee |
| url | https://feqh.semnan.ac.ir/article_1902_2de1c2f162a49ebcd3bcf3673fa27fd0.pdf |
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