The paper analyzes the relation between the contract and condition, presenting five jurisprudential opinions and studying their reasons and effects. First, the contract is like a receptacle to the condition; second, the condition is the outer or visible parts of the two sides; third, the condition is only the outer or visible parts of the two sides; fourth, the condition is the dependent part in a mutual consent; and fifth, the condition is the motivation in a mutual consent.The author elaborates each opinion and criticizes their reasons and effects. Rejecting four opinions, he proves the fifth one.

Regarding the effect of the primary contract (aqd) on the ancillary condition (shart) and the dependence or independence of the ancillary obligation, different views exist. The prevailing view among Imami jurists (fuqaha) holds that the condition follows the contract regarding its binding (luzum) or revocable (jawaz) nature; therefore, a revocable condition within a revocable contract is not binding. Conversely, some others have considered the condition binding for the duration of the contract's legal existence.This research, using a descriptive-analytical method, aims to argue that, aligning with the non-prevailing view, it is possible to hold that a condition within a revocable contract is binding and to reject the associated forms and formalities. Considering the principle of party autonomy mentioned in Article 10 of the [Iranian] Civil Code, the aforementioned approach can be accepted, and stipulation within a revocable contract—except for contracts based on permission ('uqud idhniyya)—can be affirmed as valid and considered binding. Unlike contracts based on permission ('uqud idhniyya), which, due to the nature of permission, are all revocable and terminable and do not lose their nature even if stipulated within a binding contract, in other types of contracts, a condition stipulated within a revocable contract will be binding. This approach can be supported by carefully considering the Egyptian Civil Code, as well as Article 147(1) of the Iranian Civil Code (which regards the contract as the law between the parties, reflecting pacta sunt servanda), and also taking into account the principle of party autonomy and other texts that explicitly affirm the validity of conditions within both binding (lazim) and revocable (ja'iz) contracts.

In contracts, it is sometimes stipulated that if the obligee fails to fulfill their commitment within the specified time, they will not receive the contractual consideration. This type of condition, known as a "condition encompassing the consideration," may disrupt the balance of the exchanged considerations and the usual state of reciprocity, leading to questions about its permissibility. There is no specific legal provision addressing this condition, necessitating reliance on general principles. One type of invalidating condition is one that contradicts the essential nature of the contract. In some legal literature and judicial opinions, the condition encompassing the consideration has been deemed void (batil), and judges have been granted the right to adjust the contract. This article, using an analytical-descriptive approach, aims to introduce and critique this theory and demonstrate that if the condition encompassing the consideration exists at the contract's formation stage, it invalidates the contract. However, if the encompassing occurs after the contract’s formation due to one party's breach, it does not affect the pre-existing contract.

According to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage contract. Contractual limitation of husband’s divorce right is possible through making it conditional to a specific outcome or a specific action however the first one is in sharp contrast with divine law while later is a viable option, in a way that husband undertakes to not to use his divorce right save those cases in which wife has disobedience or disable in some aspects of conjugal life. This is not only legitimate in the view of divine law but also strengthens the foundations of the families.

In B. O. T contract, construction of a project is relegated from the public sector to the private sector, so that after a certain period of operation of the project, it assigns the project to the public sector. The main objective of the parties is undoubtedly performing B. O. T content. However, the parties’ agreement, the public interest, breach of contract, and temporary stoppage at B. O. T contract may cause the interruption of relationships. In this regard, in the rules and regulations of the Islamic Republic of Iran, there are no clear and objective regulations for that. It is worth noting, for termination of the contract various ways can be outlined the most important of which are Option of Condition, Termination and Dissolving Condition. In the present research, the authors try to analyze the legal texts and law scripts and explain the mentioned solutions about the termination of B. O. T contract.

One of the bank contracts which is significant in both allocation and equipping of sources is limited partnership contract. The agent in this contract is considered as trustee and his claim on termination of stock without being excess or negligent is accepted. He would be agent‘s associate in both benefits and losses. Therefore this contract won’t have an economic justification in banking operations, so in order to keep limited partnership contract in banking contracts and also put the liability of stock on the agent, the Islamic researchers have suggested some solutions like condition of liability to be brought as an implicit alternative contract. However, two aspects are to be considered for validity of condition of liability; first, it should not be against the exigency of the contract of liability and second it should not be opposing with Quran and narrations. Although some are arguing about the nullity of condition of liability if it is against the exigency of contract, we will try to review and discuss about that theory based on narrations and approaches of lawyers and Islamic scholars and finally we would suggest a new theory which is called “disaccord of condition of liability with Quran in limited partnership contract”.

One of the important works of marriage in Islamic law is the requirement for husband to give alimony to the spousal. If the husband make provision while the marriage contract for the spousal not to benefit from alimony or only to benefit from a part of it, the validity of such a condition is based on the fact that alimony is considered as an instance of right. Its abatement is also true for the future because only a right can be abated by the condition of the marriage contract that, its abatement is true regardless of the condition. In this paper, the issue of the condition for the alimony abatement of the spousal is studied sing the analytical-inferential method and collecting the required information in a library method and according to narratives, and since, like other deities, the property of the abatement potential and transfer through inheritance and reconciliation is true in the spousal alimony, it should be considered as right. Also, given that the abatement of the spousal alimony is true for all future time and the abatement condition is not contrary to the public rules, the alimony abatement condition of the spousal is valid during the marriage contract.

By virtue of Clause 3 Article 3, 1304-1306 French Civil Code, if a suspensive condition fails, the obligation is deemednever to have existed. Nevertheless, this Article falls short of specifying the fate of the contract. If suspensive condition fails, the classical doctrine will give it a retroactive effect. The main part of the contemporary doctrine, however, justifies the non-retroactivity of non-fulfilment of a suspensive condition with reference to the lapse of the "caducité" contract. This justification suffers from a paradox in its reasoning. On the one hand, if the condition fails, the obligation is deemed never to have existed, on the other hand, the contract is said to be a lapse. As the lapse of contract is a sanction for a contract which has been validly formed and later one of its "essential elements" disappears, it cannot prejudice a juridical act deemed never to have existed. Iranian law insufficiently stipulates the fate of the contract if suspensive condition fails, and there is a frequent reference to the sanction for nullity and dissolution. However, it would be better to recognize the lapse in the Iranian law for the non-fulfilment of condition in a suspensive condition.

In the current socio-economic situation, one of the most challenging issues for couples, which sometimes lead to deep problems between them, is the issue of having or not having children and the conditions about it in marriage contract. Providing multiple and various definitions about marriage and lack of consensus on this type of contract, and also the emphasized and repeated orders of the Shari' on the issue of childbearing and reproduction in religious texts have been caused Some jurists consider childbearing as the main reason and the ultimate goal of Shari' for marriage, and they conclude the condition of non-childbearing in the marriage contract is contrary to the requirements and nature of the contract. This paper which is done by descriptive-analytical method, has been studied this issue and responded to this question: What is the status of stipulating non-childbearing condition in marriage contract due to the validity or invalid of invalidated of contract marriage, the condition which seems is opposed to the nature of marriage contract? Finally, after examining the views and existing reasons according to the famous quotes from early Imami jurists about permission of ejaculate and validity of non-sexual condition and also due to the jurists' views stating that a woman can use the temporary contraception tools even without her husband's permission, if they are not harmful to women's health and don't harm marital rights too, And also by relying on the validity of the marriage with sterile, elderly and postmenopausal women have no fertility, it has been cleared that the condition of non-childbearing is not contrary to the nature of the marriage contract; Because the purpose and goal of marriage is to achieve various things and childbearing is only one of the effects of marriage, not just its unique purpose.

Liability for renunciation of a legal act in a contract has been less discussed in Iranian civic rights; yet it is a controversial subject for jurisprudents, and subsequently for the jurists. Three opinions can be considered when a legal act in a contract is supposed to be renounced - due to a condition - but is not whatsoever. First, while the conditioned legal act is considered to be lawful, the party being conditioned to do or not do still keeps the right to renounce it. Second, if the legal act is in contradiction to the condition of renouncing the conditioned one, thus it would be unlawful. And third, if the legal act is against the condition, it would be irrelevant. The authors try to examine various proofs brought by jurisprudents and the jurists and they decide the second of the above opinions seems to be more defensible.