A Study of the Rule of ‘ An Invalid Condition Is Not a Terminator of the Contract’ in Jurisprudence and Law Based on Imam Khomeini's Viewpoints

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Shaikhmahmoodi Mahdi

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Journal: Matin research journal Year:2019 | Volume:21 | Issue:83 Page(s): 41-57

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Title

A Study of the Rule of ‘ An Invalid Condition Is Not a Terminator of the Contract’ in Jurisprudence and Law Based on Imam Khomeini's Viewpoints

Author(s)

Shaikhmahmoodi Mahdi | Issue Writer Certificate

Keywords

RuleQ2

Imam KhomeiniQ2

contractQ2

conditionQ1

terminationQ2

Abstract

Illegal conditions refer to the conditions where a lawful is turned into an unlawful or the other way round or its content is in conflict with a statutory order. These conditions are undoubtedly invalid and their subjects are not obliged to do so and are not allowed to do either. This article describes briefly the Rule, condition, and contract and their relation, namely "obligation implied in obligation", among various issues such as violation of description, violation of condition, condition of termination, etc. and a kind of similarity is established, i. e. the right to terminate the contract for what condition has been set for in case of lack of fulfilment of the description and condition. According to Imam Khomeini, the invalidity of a contract based on the illegality of condition is disputable. When there is no evidence of invalidity of contracts, in encompasses all their reasons. In case of doubt in the validity of such contracts primary of validity is accepted and reference is given to the Quranic verses and traditions.

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APA: Copy

Shaikhmahmoodi, Mahdi. (2019). A Study of the Rule of ‘ An Invalid Condition Is Not a Terminator of the Contract’ in Jurisprudence and Law Based on Imam Khomeini's Viewpoints. PAZHUHESHNAMEH MATIN, 21(83 ), 41-57. SID. https://sid.ir/paper/93784/en

Vancouver: Copy

Shaikhmahmoodi Mahdi. A Study of the Rule of ‘ An Invalid Condition Is Not a Terminator of the Contract’ in Jurisprudence and Law Based on Imam Khomeini's Viewpoints. PAZHUHESHNAMEH MATIN[Internet]. 2019;21(83 ):41-57. Available from: https://sid.ir/paper/93784/en

IEEE: Copy

Mahdi Shaikhmahmoodi, “A Study of the Rule of ‘ An Invalid Condition Is Not a Terminator of the Contract’ in Jurisprudence and Law Based on Imam Khomeini's Viewpoints,” PAZHUHESHNAMEH MATIN, vol. 21, no. 83 , pp. 41–57, 2019, [Online]. Available: https://sid.ir/paper/93784/en

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