The Principle of Immediate Execution of Contractual Obligations In Imamiyyah Jurisprudence and Principles of International Commercial Contracts
Year: 2024
Type: article
Abstract: The principle of immediate performance of contractual obligations is a fundamental goal in both domestic and international contracts, which has been addressed in both Shia jurisprudence (Fiqh Imamieh) and the principles of international commercial contracts. This paper, employing a library-based study and a descriptive-analytical approach, demonstrates that Shia jurisprudence benefits from several key advantages: "clarifying the structure of the conceptualization of this principle," "explicitly stating the principle of the immediate performance of contract terms," "the urgency of executing contractual obligations without dependence on a demand for performance," and "conditioning the acceptance of early performance on the absence of disproportionate harm to the obligee." By adopting a more contemporary and realistic perspective, Shia jurists can enhance the effectiveness and applicability of legal rulings in today’s fast-paced commercial transactions by referencing sources such as "commercial customs and practices" and by incorporating the condition of immediate performance, which is emphasized and advocated by UNIDROIT.
Author: Sayied Yaqub Arifi
Institution: Khatam Al-Nabieen University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410520548