Optional unilateral act of termination in Jurisprudence and law

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Pirhadi Mohammadreza; NAZARI VAHID

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Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2020 | Volume:8 | Issue:29 Page(s): 57-82

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Information Journal Paper

Title

Optional unilateral act of termination in Jurisprudence and law

Author(s)

Pirhadi Mohammadreza | NAZARI VAHID | Issue Writer Certificate

Keywords

optionو option of conditionQ2

unilateral legal actQ1

ReleaseQ1

Optional unilateral act of terminationQ1

Abstract

In civil law, option is one of the issues related to and discussed in deals and contracts. This means that Article 456 of the Civil Code provides that: » All types of options may be available in all transactions unless option of contract-meeting and animal and delayed payment of the price, which is for sale«, therefore that law has specified the option for transaction. In jurisprudence and law, the vast majority of writers, do not approve the option of termination in unilateral legal act, because in the unilateral legal act without option to termination, termination is illegitimacy, As well as the destruction is not entitled to terminate and some also claim consensus in this regard. However reasonably, there is no conflict with the option of termination and the nature of unilateral legal act. Therefore this is paper explains possibility or impossibility of option of condition in a unilateral legal act according to law and lawyers and jurists opinions; and consider possible and correct and valid the option of condition by ruling out other causes of its nullity.

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