The Early Execution of the Obligations in the Islamic Jurisprudence (Fiqh) and Law of Iran

The time and date of the execution are of conditions which effect on the relation of both parties in the execution of the obligation. In most legal systems, the fundamental principle is the governance of both parties’ intent in the determination of the time of contract execution and then law, court and custom play roles. If the time of the execution of the obligation is determined the obliged can carry out it before the fixed date is the subject of argument which is studied by this note? The effects of early execution of agreement are dissimilar due to the time of the contract execution is as a condition within a contract or it is as a stipulation of the main subject. The quiddity of this execution can be unilateral or bilateral contract or a legal fact and attitudes of non-acceptance or restricted acceptance have been determined. The present note has divided this subject according to this the period of time is in favor of whom that in the implicit or direct agreement of both parties or with consideration of situations and circumstances and interprets the silent situation that it is in favor of the contractor.