THE PROCESS OF OPTIONS (KHIYARAT) IN THE TERMINATION OF CONTRACT BY MUTUAL CONSENT (IQALA)

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SADEQI MUQADAM MUHAMMAD HASAN; SAATCHI ALI; SHAABANI KANDSARI HADI

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2015 | Volume:- | Issue:12 Page(s): 3-18

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Title

THE PROCESS OF OPTIONS (KHIYARAT) IN THE TERMINATION OF CONTRACT BY MUTUAL CONSENT (IQALA)

Author(s)

SADEQI MUQADAM MUHAMMAD HASAN | SAATCHI ALI | SHAABANI KANDSARI HADI | Issue Writer Certificate

Keywords

THE TERMINATION (OR CANCELLATION) OF THE CONTRACT BY MUTUAL CONSENT (IQALA)Q2

CONTRACTQ2

ANNULMENT OR CANCELLATIONQ2

THE WILL OF BOTH SIDES OF CONTRACTQ1

NO HARM INFLICTED (LA ḌARAR)Q2

Abstract

The present research is going to study the process of options (khiyarat) in the termination (or cancellation) of the CONTRACT by mutual consent (iqala). According to article 283 of the civil code of Iran, after transactions (dealings), the CONTRACTing parties can terminate or cancel the CONTRACT with mutual consent. As it is clear the term tafasokh (breaking up by sides of CONTRACT), the result of iqala is the ANNULMENT OR CANCELLATION of the former CONTRACT. It means that with mutual consent of CONTRACTing parties to cancel or terminate the CONTRACT, the mentioned CONTRACT is broken up (annulled). But there is aquestion if the done (exercised or performed) iqala itself can be annulled. In other words, are options (khyiarat) extended to (run into) iqala? To answer this stated question, the most well-known imami jurists and majority of law scholars believe that the cancelation of iqala is impossible. But studying the subject in the discourses of law and Islamic jurisprudential authors and examining the famous dependent evidences (on the basis of the famous proofs), with considering the nature of the CONTRACTing iqala, this result is achieved the process of options does not face the legal obstacle. Because the principle of no harm (la zarar) and the principle of autonomy (Party autonomy) and the necessity of considering the opinion of CONTRACTing parties, being (existence) of options is justified. Therefore, according to the principle, it can be stated that iqala is revocable (capable of being revoked or cancelled) unless the will of both sides implicitly or directly is contrary to it.

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APA: Copy

SADEQI MUQADAM, MUHAMMAD HASAN, SAATCHI, ALI, & SHAABANI KANDSARI, HADI. (2015). THE PROCESS OF OPTIONS (KHIYARAT) IN THE TERMINATION OF CONTRACT BY MUTUAL CONSENT (IQALA). CIVIL JURISPRUDENCE DOCTRINES, -(12), 3-18. SID. https://sid.ir/paper/227248/en

Vancouver: Copy

SADEQI MUQADAM MUHAMMAD HASAN, SAATCHI ALI, SHAABANI KANDSARI HADI. THE PROCESS OF OPTIONS (KHIYARAT) IN THE TERMINATION OF CONTRACT BY MUTUAL CONSENT (IQALA). CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2015;-(12):3-18. Available from: https://sid.ir/paper/227248/en

IEEE: Copy

MUHAMMAD HASAN SADEQI MUQADAM, ALI SAATCHI, and HADI SHAABANI KANDSARI, “THE PROCESS OF OPTIONS (KHIYARAT) IN THE TERMINATION OF CONTRACT BY MUTUAL CONSENT (IQALA),” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 12, pp. 3–18, 2015, [Online]. Available: https://sid.ir/paper/227248/en

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