Modern Jurisprudence and Law

Modern Jurisprudence and Law

A research on "binding a condition in a permissible contract" in Imamiyyah jurisprudence and subject law

Document Type : Original Article

Authors
abolfazl alishahi 1
dd dd 2
cc cc 2
1 farhangian univercity
2 yasouj
10.22034/jml.2023.1999788.1255
Abstract
One of the types of conditions that there is a strong disagreement among jurists about whether or not it is necessary to fulfill them, are the conditions included in the contract. There are three main views in this regard among the jurists: A: invalidity of the condition. B: The necessity of a condition in a permissible contract. C: It is permissible to fulfill the condition of the contract. Famous jurists do not consider such conditions to be fulfilled, because they believe that the condition is subject to the contract in its necessity and permissibility, which means that if the contract is necessary, the accompanying condition is also necessary, and if the contract is permissible, the accompanying condition It is also permissible, therefore, the general proofs of compliance with the conditions, such as "Al-Mu'minun when they are on their terms", are not included in this category of conditions. Each of these groups have cited evidence to prove their
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Keywords
A condition in a contract
a necessary contract
a permissible contract
the necessity of a condition

Subjects