ANNULLING CONDITIONS PREDICTED IN ARTICLE 233 OF CIVIL LAW AND POSSIBILITY OF ITS DEVELOPMENT

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QABULI DORAFSHAN S.M.MAHDI; USUF SANI AMIR

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2014 | Volume:- | Issue:8 Page(s): 155-176

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Title

ANNULLING CONDITIONS PREDICTED IN ARTICLE 233 OF CIVIL LAW AND POSSIBILITY OF ITS DEVELOPMENT

Author(s)

QABULI DORAFSHAN S.M.MAHDI | USUF SANI AMIR | Issue Writer Certificate

Keywords

PROVISOQ2

NULL CONDITIONQ2

MAKING NULL CONDITIONSQ2

REQUIREMENT OF THE CONTRACTQ2

UNKNOWN CONDITIONQ2

CIVIL JURISPRUDENCEQ2

CIVIL LAWQ2

Abstract

Iranian civil legislator influenced by the thought of Shiite jurisprudence in Article 233 of the CIVIL LAW have cited the condition against the requirements of the contract and the UNKNOWN CONDITION due to the ignorance of the considerations as tow null and making void conditions. The question in this respect relates to the concept and the foundation of the making null of these conditions on the one hand, and the possibility of development of the cancelling conditions to other than those inserted in mentioned article, on the other. Legal-juridical studying and considering and criticizing the juridical and legal thoughts of given in this respect, this paper has reached this conclusion that the condition against the REQUIREMENT OF THE CONTRACT is a condition that is incompatible with its nature (according to the legal definitions of certain contracts and with regarding to the content of the forming intention of the parties and costume of the contracts that can be inferred). Again, the UNKNOWN CONDITION makes the considerations unknown when it relates to the attributes or the conditions of the considerations or it follows the ignorance of the considerations by the judgment of the costume. The foundation of the null and cancelling of the mentioned conditions have been also their disruption of the conditions and basic foundations of the contract and there is possibility of developing invalid and cancelling conditions to other conditions that cause disruption of the foundations of contract.

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APA: Copy

QABULI DORAFSHAN, S.M.MAHDI, & USUF SANI, AMIR. (2014). ANNULLING CONDITIONS PREDICTED IN ARTICLE 233 OF CIVIL LAW AND POSSIBILITY OF ITS DEVELOPMENT. CIVIL JURISPRUDENCE DOCTRINES, -(8), 155-176. SID. https://sid.ir/paper/227189/en

Vancouver: Copy

QABULI DORAFSHAN S.M.MAHDI, USUF SANI AMIR. ANNULLING CONDITIONS PREDICTED IN ARTICLE 233 OF CIVIL LAW AND POSSIBILITY OF ITS DEVELOPMENT. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2014;-(8):155-176. Available from: https://sid.ir/paper/227189/en

IEEE: Copy

S.M.MAHDI QABULI DORAFSHAN, and AMIR USUF SANI, “ANNULLING CONDITIONS PREDICTED IN ARTICLE 233 OF CIVIL LAW AND POSSIBILITY OF ITS DEVELOPMENT,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 8, pp. 155–176, 2014, [Online]. Available: https://sid.ir/paper/227189/en

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