نطاق خيار التأخير : دراسة قانونية مقارنة بالفقه الإسلامي

الملخص EN

The idea of the delay to performance of the obligation is an important and influential issue in commercial transactions, since the latter requires to perform speedily and flexibly in order for fulfill the efficiency in conclusion of commercial contracts.

Promisor sometimes, however, fail to perform his due obligation in time, but doing so later, caused hereby a damage to the promisee.

Accordingly, the delay option present ed for provides an adequate protection to the promisee, by giving him the option between asks for specific performance or for contract to be terminated.

Muslim Imami scholars, as we saw, were so interested with this option, especially, when they dealing with sale contract.

Studying this option, however, is not easy one because of, as we know, the delay to perform an obligation has not been enough share of attention by the legislature, scholarship and judiciary, in terms of its meaning, borders and standard that the promisor has been delayed to perform his obligation.

Additionally, delay option do not getting an important dealing by scholar's literature nor by various legislations as a separate head, it only referred to by some provisions in civil and commercial laws as to some contracts.

For all the above, and for it appropriate to deciding in commercial environment, where through it, there are many cases of delaying in most transactions that requires to finding active means for promisses to attach the desired goal of contract, and where the general legal rules may not help them to attain this protection as it is limited to just damages, we intend to studying this option.

Accordingly, we have chosen this title for our thesis: (The field of the option of delay - a legal and Islamic jurisprudence comparative study).