Claimable Contractual Damages in Afghan Law, the Islamic Jurisprudence and International Instruments on Law of Contracts

Abstract

According to Afghan law, the Islamic jurisprudence and international instruments on law of contracts the non-performing party has to compensate the losses of the aggrieved party in a way that if the contract had been performed properly, he would be in such a situation. Therefore, despite the well-known disagreement of the jurists, the aggrieved party can claim loss of profit, provided that it is not fictitious and be principally receivable. Similarly, the spiritual damage, in spite of some disagreements in Islamic jurisprudence and international instruments, is supposed to be payable and transferable to other persons. Damage of delay payment, despite the controversy in the Islamic jurisprudence as a result of the depreciation of the value of the money, is claimable and in Afghanistan's law is limited to three percent of the total annual debt. Albeit, when obliging of the non-performing party for compensating of the loss is possible that the damage resulting from the breach of contract is definitive, arising from the breach of the contract, and be foreseeable at the time of the conclusion of the contract, and in Afghanistan's law, the performance by the obligee has been made.

Keywords

• breach of the contract
• claim of damage
• afghan law
• the jurisprudence
• principles of european contract law (pecl)
• convention of international sales of goods (cisg)
• principles of international commercial contracts (unidroit)