The Legislative and Jurisprudential Discrepancy Regarding the Advance Payment: A Comparative Analytical Study

Najem Riyad Alrabadi1 & Issa Ghassan Alrabadi 2

https://doi.org/10.62271/pjc.16.3.483.494

Abstract
This study aims to determine the ruling on advance payment in Arab laws. Determine the contracts it enters into by tracing the texts of the statutes under study. And analyzing them to understand their provisions, reviewing the most important jurisprudential positions. As well, analyzing rulings, and judicial jurisprudence. The study reached several results, including the discrepancy in legal positions in determining the purpose of the advance payment. Some laws
considered it to be an option of cancellation, while others considered its purpose to be an irrevocable option. Additionally, there is a discrepancy in identifying the party with the right to cancel the contract if an advance payment implies cancelation. The study recommended adopting the position of the Kuwaiti and Saudi laws in regulating the advance payment provisions, especially the coolingoff period option and the methods to determine this period.

Keywords: Advanced payment, Option of cancellation, Irrevocable option, Cooling off period.