A Survey of the Right to Abrogation Caused by Breach of Contract in Time Obligations | ||
| فقه و مبانی حقوق اسلامی | ||
| Article 3, Volume 45, Issue 2, March 2012, Pages 29-46 | ||
| Document Type: Research Paper | ||
| DOI: 10.22059/jjfil.2013.35387 | ||
| Author | ||
| Reza Ranjbar | ||
| Assistant Professor, Faculty of Law and Political Sciences, Islamic Azad University of Tabriz | ||
| Abstract | ||
| Observation of principle of irrevocability of contracts, that of rights of obligor and obligee, and consideration of the latter’s real intention in mentioning the time in the contract are among points to be taken into consideration in time obligations. Although fulfillment of contracts is among causes of legal schools and the Quranic verse “Fulfill the contracts” (5:1) emphasizes that, in some cases, such as one part’s breach of contract and obligation, to grant the other part the right to the abrogation is an important means of actualization of justice. Considering that, should it certainly become clear that the obligor cannot fulfill his obligation in the remaining time and, in other words, should waiting for the remaining time be in vain first, and should such waiting cause harm to the obligee secondly, one could believe in the right to abrogation for the obligee on the basis of such undeniable principles as “there is no harm in Islam,” negation of hardship, and the conduct of the wise – although the remaining time not being expired and that being against Iranian courts jurisprudence. | ||
| Keywords | ||
| obligee; obligor; Contract; time contract | ||
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