PRIMARY CONDITIONS AND THEIR COMPATIBILITY WITH UNCERTAIN CONTRACTS

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ZAKER SALEHI GH.R.

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Journal Paper

Paper Information

Journal: MAQALAT WA BARRASIHA Year:2005 | Volume:37 | Issue:76 (3) Page(s): 139-163

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Information Journal Paper

Title

PRIMARY CONDITIONS AND THEIR COMPATIBILITY WITH UNCERTAIN CONTRACTS

Author(s)

ZAKER SALEHI GH.R. | Issue Writer Certificate

Keywords

CONDITIONQ4

PRIMARY CONDITIONQ4

UNCERTAIN CONTRACTQ4

CONDITIONS OF THE CORRECTNESS OF CONDITIONQ4

PROMISEQ4

PRILIMINARY AGREEMENTQ4

THE CONDITION WHILE CONTRACTQ4

COLLUSION CONDITIONQ4

Abstract

According to the article ten of civil law of Iran, those private contracts that were concluded by certain people and are not against law, arc effective. Lawyers relate this article to the principle of the "Freedom in contract" by means of which they affirm the validity or UNCERTAIN CONTRACTs. In Islamic jurisprudence jurists and Islamic lawyers are of different opinions concerning the acceptance of the principle of non - restriction of contracts. The hypothesis of the present article is that one of the juristic foundations of UNCERTAIN CONTRACTs along with other foundations such as refereeing to the proofs of contracts general, can be a proof for the validity and influence of primary CONDITIONs. To prove this the author first tried to pose the proofs of those who do not believe in such CONDITIONs and gave answer to the relevant objections in this regard. Then he propounded five proofs for the validity and effectiveness of primary CONDITIONs. At the end it is added that if primary CONDITIONs possess two sides and one bilateral contract, it is a kind of contract which can be other than the known contracts in jurisprudence and law, while possessing the general CONDITIONs of contracts. In this way other proofs of CONDITIONs like believers should fulfill their CONDITIONs" can be a basis for the validity and legitimacy of UNCERTAIN CONTRACTs.

Cites

JURISPRUDENTIAL INVESTIGATION ON FORWARD AND FUTURES CONTRACTS

References

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APA: Copy

ZAKER SALEHI, GH.R.. (2005). PRIMARY CONDITIONS AND THEIR COMPATIBILITY WITH UNCERTAIN CONTRACTS. MAQALAT WA BARRASIHA, 37(76 (3)), 139-163. SID. https://sid.ir/paper/13633/en

Vancouver: Copy

ZAKER SALEHI GH.R.. PRIMARY CONDITIONS AND THEIR COMPATIBILITY WITH UNCERTAIN CONTRACTS. MAQALAT WA BARRASIHA[Internet]. 2005;37(76 (3)):139-163. Available from: https://sid.ir/paper/13633/en

IEEE: Copy

GH.R. ZAKER SALEHI, “PRIMARY CONDITIONS AND THEIR COMPATIBILITY WITH UNCERTAIN CONTRACTS,” MAQALAT WA BARRASIHA, vol. 37, no. 76 (3), pp. 139–163, 2005, [Online]. Available: https://sid.ir/paper/13633/en

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