Scientific-Research Quarterly Journal of
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Volume 2, Issue 3 (6-2024)
SRQJL 2024, 2(3): 2-28 |
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Arefi S Y. Comparative study of the principle of full implementation of the contractual obligation. SRQJL 2024; 2 (3) :2-28
URL: http://srqjl.knu.edu.af/article-1-50-en.html
URL: http://srqjl.knu.edu.af/article-1-50-en.html
Abstract: (47 Views)
The principle of full implementation of the contractual obligation (fulfillment of the obligation without deficiency in quantity and quality) is the real goal and spirit of barter transactions. Imamiyyah jurisprudence and principles of Unidrava have emphasized this principle. A library study and a descriptive-analytical method show that Imami jurisprudence has the advantage of "expressing the conceptualization structure of the principle of full implementation of the obligation", "determining various criteria for fulfilling the obligation based on the variety of the obligations" and "the obligee's duty to accept the full implementation of the obligation.
The principles of international commercial contracts have paid attention to "the effect of fluctuations in the value of money in the implementation of monetary obligations", "the conventional quality standard of implementation", "the principle of good faith in the fulfillment of the obligation" and "the cooperation of the obligor in the full implementation of the obligation". These attentions open the path of new reflections for the latest conclusions of the Imamiyyah jurists in the field of covenant fulfillment.
The principles of international commercial contracts have paid attention to "the effect of fluctuations in the value of money in the implementation of monetary obligations", "the conventional quality standard of implementation", "the principle of good faith in the fulfillment of the obligation" and "the cooperation of the obligor in the full implementation of the obligation". These attentions open the path of new reflections for the latest conclusions of the Imamiyyah jurists in the field of covenant fulfillment.
Keywords: contractual obligation, contract fulfillment, principles of UNIDERA, complete implementation, simultaneous implementation, and implementation criteria in Imamiyyah jurisprudence
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