UNKNOWN CONDITION

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FARAHZADI ALI AKBAR; EBRAHIMI ARASH

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2013 | Volume:77 | Issue:81 Page(s): 93-109

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Information Journal Paper

Title

UNKNOWN CONDITION

Author(s)

FARAHZADI ALI AKBAR | EBRAHIMI ARASH | Issue Writer Certificate

Keywords

UNKNOWN CONDITIONQ2

DILATORY CONTRACTQ2

LOSSFULL CONTRACTQ2

Abstract

The Iranian civil code has limited the effects of UNKNOWN CONDITION to nullification of such condition provided that it results in ignorance with respect to consideration. The code conveys no explicit provision concerning the effect of such condition not resulting in the ignorance. UNKNOWN CONDITION refers to a condition on which there is not complete and comprehensive knowledge.This article legally analyses this condition, as contained in lossfull and DILATORY CONTRACTs in Imamich jurisprudence and legal norms separately. According to imamich jurisprudence, intertieon of an UNKNOWN CONDITION, as defined above, is permissible for DILATORY CONTRACT, not derogating the permissibility of such contract. This approach has been followed by the Iranian Civil code. But for LOSSFULL CONTRACT, different views have been offered by fogfaha. It seems that the Iranian legislator has followed those believing that an UNKNOWN CONDITION stipulated in LOSSFULL CONTRACTs, always result in ignorance to the considerations and nullify the contract. It should be noted that the consideration itself is void.

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APA: Copy

FARAHZADI, ALI AKBAR, & EBRAHIMI, ARASH. (2013). UNKNOWN CONDITION. THE JUDICIARY’S LAW JOURNAL, 77(81), 93-109. SID. https://sid.ir/paper/138032/en

Vancouver: Copy

FARAHZADI ALI AKBAR, EBRAHIMI ARASH. UNKNOWN CONDITION. THE JUDICIARY’S LAW JOURNAL[Internet]. 2013;77(81):93-109. Available from: https://sid.ir/paper/138032/en

IEEE: Copy

ALI AKBAR FARAHZADI, and ARASH EBRAHIMI, “UNKNOWN CONDITION,” THE JUDICIARY’S LAW JOURNAL, vol. 77, no. 81, pp. 93–109, 2013, [Online]. Available: https://sid.ir/paper/138032/en

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