Assessment of the Doctrine of Prediction of Breaching the Contract according to Imami Jurisprudence and Iranian Law

The doctrine of prediction of breaching the contract is a way to compensate or reduce losses borne because of non-fulfillment of obligation and has been accepted in most contemporary legal systems. There are many points and issues in sayings of the great Shi’i jurists which show that this doctrine is not inconsistent with the Imami jurisprudence and, as a result, with the rules of Iranian Civil Code and Commerce Law. The existing traditional rules such as the doctrine of mandatory fulfillment of the exact obligation may most likely cause problems in the contemporary complicated relations. Thus, the rules of the doctrine of prediction of breach should find their places within the civil and commercial rules.