A Jurisprudential and Usuli Restudy of Proving Actual Breach in the Anticipatory Breach of Contract Doctrine

In the law of international contracts, the suspension right remedy due to the anticipatory breach of contract has been accepted based on multiple foundations. Under this right, the creditor who, before the due date of fulfillment of obligation has, reasonably,  concluded that the debtor, for any reason, would not perform their obligation, has the option to suspend his obligation according to the objective aspects criterion and after considering all surrounding circumstances of the case. In this paper, through a comparative approach in the Vienna Convention, its jurisprudential and Usuli feasibility in Islamic law will be studied and while presenting the suggested bases, by resorting to the rule of existence premise (moghaddameh vojoudieh) and the rules and issues originated from it such as rational, subordinate and  annihilatory premises (moghaddameh mofavveteh), the main discussed issue (execution of the right to suspend in anticipatory breach) and the disputed actual breach may be proven so that the status of this remedy is established and strengthened in the Iranian Civil Code.