The Possibility of Stipulating the Termination of Option before Contract in Imamiya Jurisprudence and Iranian Law

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Nezamolmolk Jafar; Salehi Mazandarani Moahmmad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: FIQH Year:2023 | Volume:30 | Issue:3 Page(s): 131-158

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The Possibility of Stipulating the Termination of Option before Contract in Imamiya Jurisprudence and Iranian Law

Author(s)

Nezamolmolk Jafar | Salehi Mazandarani Moahmmad | Issue Writer Certificate

Keywords

Pre-contractual condition

option condition

termination of option

incidental condition

option right

Abstract

Option belongs to the category of rights, not obligations, and therefore it can be terminated. The notion of terminating an option before the contract refers to eliminating the cause and necessity of the option right, rather than nullifying it after its creation. There is uncertainty regarding the capability of stipulating the termination of an option before the contract in Imami jurisprudence and Iranian positive law. The stipulation for the termination of an option before the contract may take the form of a separate agreement regarding the option, an independent condition concerning the option, or even an incidental provision other than the contract that includes the option right. Based on the findings of the present descriptive-analytical study, considering the evolved jurisprudential developments, it is possible and acceptable to stipulate the termination of an option before the contract in each of the aforementioned forms in Imami jurisprudence and Iranian law. However, the existing civil law regulations in this regard are incomplete and ineffective, and their modification, from the perspective of a general definition of conditions that also encompasses Pre-contractual conditions, the acceptance of the stipulation for the termination of the option before the contract, the expression of various forms of its legal implications, and ultimately the determination of essential instances of options, is necessary.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans