Mohammed Abdulmohsen Alsawi
Department of Law, College of Sharia and Islamic Studies, Qassim University, Al-Qassim, Saudi Arabia
Issue: 99 | Pages: 125-139 | December 2024 | https://doi.org/10.54940/si72791179 | PDF
Received:01/09/2024| Revised:18/03/2024 | Accepted:31/03/2024
*Corresponding Author: [email protected]
Abstract
It is well established that the extinction of an obligation is distinct from the dissolution of a contract, and the confusion between the two is a fundamental theoretical error that causes practical disruption. At the same time, the new Saudi civil code considers impossibility of performance one of the causes of the dissolution of a contract, and also one of the causes of the extinction of an obligation. It is also distinguished from the rest of the causes of the extinguishment of an obligation in that it also terminates the corresponding obligations. This repetition, this significant distinction, with other indications call for a reconsideration of the classification of impossibility of performance in order to avoid the confusion mentioned above. The main question of the research is: is it more accurate to classify impossibility of performance as a direct cause of the dissolution of a contract, or as a direct cause of the extinction of an obligation, or as a direct cause of both at the same time? I first started by analyzing and comparing the texts of a number of laws within the scope of the impact of impossibility of performance on the obligation and the contract, and then I used the critical method to discuss the results of the analysis. I then concluded that it is more accurate to describe impossibility of performance as a cause of the dissolution of the contract, and recommended of the legislator to take this conclusion into account.
Keywords
Impossibility of Performance- Frustration of Contract- Extinction of an Obligation- Contract Termination
How to Cite
Alsawi, M. (2024), Is Impossibility of Performance a Cause of the Extinction of an Obligation?, Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, Issue 99. pp.125-139. https://doi.org/10.54940/si72791179
License
1658-8738/© 2024 by the Authors. Published by J. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud. This is an open-access article distributed under the terms and conditions of the https://creativecommons.org/licenses/by-nc/4.0/