Jurisprudential and Legal Thought on Article 401 of the Civil Law
Option of condition is one of the options which relates to the agreement of the parties to the contract. One of the important issues regarding this option, is the time of option of condition which is in article 401 of the Civil Law, following a group of jurisprudents, has considered the indefinite t...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Persian |
| Published: |
Razavi University of Islamic Sciences
2020-02-01
|
| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_472_daa6ba7d1f71663fe6220648d5848647.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1839608496878780416 |
|---|---|
| author | S. M. Mahdi Ghabooli Dorafshan Mahdieh Latifzadeh |
| author_facet | S. M. Mahdi Ghabooli Dorafshan Mahdieh Latifzadeh |
| author_sort | S. M. Mahdi Ghabooli Dorafshan |
| collection | DOAJ |
| description | Option of condition is one of the options which relates to the agreement of the parties to the contract. One of the important issues regarding this option, is the time of option of condition which is in article 401 of the Civil Law, following a group of jurisprudents, has considered the indefinite time causes the void of the contract and the condition and a group of jurists have joined the agreement on the unknown time in following the jurisprudential texts. Now the question is whether the rule is based on strong basics and reasons or not? In particular, contracts are often neglected or neglected in determining of option of condition contracts. This study, by examining various jurisprudential and legal opinions and reviewing the evidence and reasons, concludes that both parties’ silence on the term of condition option and the more correct view is the validity of the condition and the contract where there is a criterion for determining the term, so it is suggested to amend and supplement the civil law in this field. |
| format | Article |
| id | doaj-art-4fb3f9c330024f5ea3b31a5a06b54ad9 |
| institution | Matheson Library |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-02-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-4fb3f9c330024f5ea3b31a5a06b54ad92025-07-31T10:14:08ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-02-0111202348472Jurisprudential and Legal Thought on Article 401 of the Civil LawS. M. Mahdi Ghabooli Dorafshan0Mahdieh Latifzadeh1Associate professor at Ferdowsi UniversityPhD student of Private LawOption of condition is one of the options which relates to the agreement of the parties to the contract. One of the important issues regarding this option, is the time of option of condition which is in article 401 of the Civil Law, following a group of jurisprudents, has considered the indefinite time causes the void of the contract and the condition and a group of jurists have joined the agreement on the unknown time in following the jurisprudential texts. Now the question is whether the rule is based on strong basics and reasons or not? In particular, contracts are often neglected or neglected in determining of option of condition contracts. This study, by examining various jurisprudential and legal opinions and reviewing the evidence and reasons, concludes that both parties’ silence on the term of condition option and the more correct view is the validity of the condition and the contract where there is a criterion for determining the term, so it is suggested to amend and supplement the civil law in this field.https://cjd.razavi.ac.ir/article_472_daa6ba7d1f71663fe6220648d5848647.pdfoption of conditioncucumber indeterminacydeceitarticle 401 of civil lawcancellation of condition and contract |
| spellingShingle | S. M. Mahdi Ghabooli Dorafshan Mahdieh Latifzadeh Jurisprudential and Legal Thought on Article 401 of the Civil Law آموزههای فقه مدني option of condition cucumber indeterminacy deceit article 401 of civil law cancellation of condition and contract |
| title | Jurisprudential and Legal Thought on Article 401 of the Civil Law |
| title_full | Jurisprudential and Legal Thought on Article 401 of the Civil Law |
| title_fullStr | Jurisprudential and Legal Thought on Article 401 of the Civil Law |
| title_full_unstemmed | Jurisprudential and Legal Thought on Article 401 of the Civil Law |
| title_short | Jurisprudential and Legal Thought on Article 401 of the Civil Law |
| title_sort | jurisprudential and legal thought on article 401 of the civil law |
| topic | option of condition cucumber indeterminacy deceit article 401 of civil law cancellation of condition and contract |
| url | https://cjd.razavi.ac.ir/article_472_daa6ba7d1f71663fe6220648d5848647.pdf |
| work_keys_str_mv | AT smmahdighaboolidorafshan jurisprudentialandlegalthoughtonarticle401ofthecivillaw AT mahdiehlatifzadeh jurisprudentialandlegalthoughtonarticle401ofthecivillaw |