The Execution Time of Contractual Obligations of the Deceased

Ebrahim Shoarian
Journal of Public Law Research, Allameh Tabataba'i University, Volume12, Issue31, Winter2011, Pages 227-248.


According to the Article 231 of non-contentious code, whose basis is Islamic religion, the debt of deceased has to be paid immediately. The debtor has the right to get the durable debt from the inheritor. The main question of this article is whether this rule is adaptable in durable contractual obligations or not. In other words, If someone who enters into a contract then passes away before fulfilling his/her obligation, would his/her obligations turn to be present or it should be paid at the previously specified time? The rights, obligations and undertaking of persons are transferred to their inheritors. The inheritors are entitled to the deceased’s rights and responsible to fulfill the obligations of the testator except the personal obligations and those that are not transferable. The obligations of the testator during his/her lifetime arise from either statute or contract. Emphasizing on the religious and legislative principles in this article, we have studied and discussed this subject, and have concluded that in contractual obligations, particularly the bilateral contracts, in which the debt time of performance has main role in the economic balance of subject matter, the inheritors are obliged to perform the debt on the specified and predicted time of contract and the passing away of the testator has no effects on the time changes of such obligations.

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