Time, Place, and the Obligation Fulfillment Expenses

A contract or unilateral legal act, whether irrevocable or voidable, results in some obligations that the obligor must fulfill. The obligor will be exempted of the obligation in case of acting upon the contract contents or the distinctiveness and conditions within it. In other words, it should take...

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Main Authors: Ahmad Bagheri, Somayeh Babaei, Mohsen Mahdian
Format: Article
Language:fas
Published: Semnan University 2018-08-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_3137_99a448e6db0a6d7364fe4d5bf2bdb186.pdf
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author Ahmad Bagheri
Somayeh Babaei
Mohsen Mahdian
author_facet Ahmad Bagheri
Somayeh Babaei
Mohsen Mahdian
author_sort Ahmad Bagheri
collection DOAJ
description A contract or unilateral legal act, whether irrevocable or voidable, results in some obligations that the obligor must fulfill. The obligor will be exempted of the obligation in case of acting upon the contract contents or the distinctiveness and conditions within it. In other words, it should take place in the exact agreed time and place stated in the contract context, and in case of any expense, it will be up to the party to whom the contract refers. However, in some cases, the contract might be unconditional in terms of time, place, and any expense of fulfilment of the obligation. This issue has drawn the jurists’ attention and has been subjected to lots of disagreements and debates in various assumptions. This paper, concludes that except for the revocable contract in which time is not estoppel, in the unrestricted contract, the principles of obligation immediate payment, obligation fulfillment in the place of ratification, and payment of the obligation fulfillment expenses by the party benefited from it, are the basic foundations to answer the questions in the all legal and lawful and jurisprudential parts.
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spelling doaj.art-fab07bf0ce2a42189c22940b8c7e520c2024-02-23T23:19:23ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302018-08-011018496610.22075/feqh.2018.12805.13013137Time, Place, and the Obligation Fulfillment ExpensesAhmad Bagheri0Somayeh Babaei1Mohsen Mahdian2Tehran UniversityTehran University-Alborzحقوق خصوصیA contract or unilateral legal act, whether irrevocable or voidable, results in some obligations that the obligor must fulfill. The obligor will be exempted of the obligation in case of acting upon the contract contents or the distinctiveness and conditions within it. In other words, it should take place in the exact agreed time and place stated in the contract context, and in case of any expense, it will be up to the party to whom the contract refers. However, in some cases, the contract might be unconditional in terms of time, place, and any expense of fulfilment of the obligation. This issue has drawn the jurists’ attention and has been subjected to lots of disagreements and debates in various assumptions. This paper, concludes that except for the revocable contract in which time is not estoppel, in the unrestricted contract, the principles of obligation immediate payment, obligation fulfillment in the place of ratification, and payment of the obligation fulfillment expenses by the party benefited from it, are the basic foundations to answer the questions in the all legal and lawful and jurisprudential parts.https://feqh.semnan.ac.ir/article_3137_99a448e6db0a6d7364fe4d5bf2bdb186.pdffulfillment of the obligationobligorobligeetimeplaceexpense
spellingShingle Ahmad Bagheri
Somayeh Babaei
Mohsen Mahdian
Time, Place, and the Obligation Fulfillment Expenses
مطالعات فقه و حقوق اسلامی
fulfillment of the obligation
obligor
obligee
time
place
expense
title Time, Place, and the Obligation Fulfillment Expenses
title_full Time, Place, and the Obligation Fulfillment Expenses
title_fullStr Time, Place, and the Obligation Fulfillment Expenses
title_full_unstemmed Time, Place, and the Obligation Fulfillment Expenses
title_short Time, Place, and the Obligation Fulfillment Expenses
title_sort time place and the obligation fulfillment expenses
topic fulfillment of the obligation
obligor
obligee
time
place
expense
url https://feqh.semnan.ac.ir/article_3137_99a448e6db0a6d7364fe4d5bf2bdb186.pdf
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