Volume 25, Issue 89 (spring 2020)                   __Judicial Law Views __2012__, 25(__59__): __224298 | Back to browse issues page

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vaseghi M, karimi A. The comparative study of the effect of not mentioning period of time in option of condition for contracting in Islamic religions. دیدگاه‌های حقوقی. 2020; 25 (89) :275-298
URL: http://jlviews.ujsas.ac.ir/article-1-1121-en.html
1- univercity payame noor , mohsenevaseghi@gmail.com@ut.ac.ir
2- univercity of tehran
Abstract:   (2198 Views)
The option of condition in the public and Imamieh religions is carried out by the jurisprudents and the basis of their opinions is consensus and tradition. Concerning period of time in option of condition, the Shafi'i and Hanafi religions believe that the option of condition is allowed for up to 3 days and less, and it voided the contract for more than 3 days, and the option of condition is not allowed in Shafi'i's religion, which is unknown, absolute and permanent, but in Hanafi's religion on a permanent Or absolute option of condition if it is located within 3 days after the contract is corrected. The Hanbali and Maliki religions believe that the option of condition is not limited to the limit, but the amount should be clear if the length of the option of condition is not in Hanbali's contract, but in Maliki's religion, the duration of the option of condition is The attention to the need, habit, and kindness is different, and can be determined by the ruler. In the Imamiya religion, the cucumber is not a condition but the term must be determined and there are 4 comments regarding the absence of the term (void the condition and the contract, the nullity of the condition and the authenticity of the contract, the correctness of the contract and the cancellation of the condition for 3 days, the correctness of the contract and the deadline In Iran's law, the option of condition is determined by mutual agreement, otherwise the clause of Article 401 of the Civil Code is void of option of condition and the contract is invalid. The judicial procedure of the courts of Iran regarding one of the option of condition means that the condition for cancellation or termination of the transaction is not a single procedure. Some consider the invalidation of the condition and the contract, some emphasize on the invalidity of the contract and the validity of the contract, as well as on the validity of the contract and the determination of the customary period, as well as the number They believe that the condition is not a condition of cucumber, but a kind of damage estimation and also to consolidate the deal.
 
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Type of Study: Applicable Research | Subject: Pivate Law
Received: 2017/11/21 | Revised: 2021/05/09 | Accepted: 2019/01/22 | Published: 2020/06/04 | ePublished: 2020/06/04

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