A Survey of the Right to Abrogation Caused by Breach of Contract in Time Obligations

Document Type : Research Paper

Author

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.

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