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Arifi S Y. The Principle of Immediate Execution of Contractual Obligations In Imamiyyah Jurisprudence and Principles of International Commercial Contracts. SRQJL 2024; 2 (4) :41-72
URL: http://srqjl.knu.edu.af/article-1-68-en.html

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.