The Effects Of Obligee`s Refuse To Take Delivery The Subject of Obligation In Imamiyah Jurisprudence And Comparative Law

Document Type : Original Article

Authors

1 Ph.D. Candidate of Law, Imam Sadiq University

2 Associate Professor of Law, Imam Sadiq University

10.52547/jlr.2023.184779.1579

Abstract

In the course of fulfilling the contractual obligations and the obligee refusal to accept performance properly offered to him, as the obligee has fulfilled his obligation (to deliver the obligation subject-matter whether goods or money), a few questions arise that each response will have a different effect; Such as: “if the obligor provides the conditions for obligee s acceptance of the goods or money; does the obligee discharge as soon as enabling the other party to make delivery” or “should he deliver subject-matter to the competent court ? Therefore, the present study seeks to investigate the effects of obligee default to determine the scope of legal obligations owed after refusal.Accordingly, this article examines the binding effect of default in “Imamiyah jurisprudence, United Nations Convention on Contracts for the International Sale of Goods and England law, including transfer of Risk, binding to performance, and avoid of the contract. In doing all the acts which could reasonably be expected of obligor in order to enable the other party to make delivery the subject of obligation but he refuses to take it, due to losing validation of his consent in making delivery by others, the obligee will be discharge, but since the release of the property is like a “waste”, he can deliver it to the court or sequester it in the custody of a person authorized to hold it. Deposit or sequestration discharges the obligee from that moment and damages must be borne by the obligor.

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History

  • Receive Date: 04 April 2020
  • Revise Date: 02 December 2022
  • Accept Date: 08 January 2023

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