Main Term in Imami Jurisprudence and Iranian Law

Some terms are so popular in the contract that without which the contracts cannot be correctly construed. Such conditions are called “implicit” terms or provisos. Sometimes, that they are not explicitly stated is based on the previous agreement made between two parties (supposed terms); sometimes because of customs and practices, “presence” of a term is taken as granted in the contract (customary conditions) and, some still other times, presence of a term in the contract is necessary (legal terms). And some other times, it is fully clear that a term is a term and it needs not to be stipulated. Such terms are called, in jurisprudence, irtikazi*** terms. The various kinds of provisos have been discussed; no discussion, however, has been so far made about irtikazi terms and only some jurists have made uses of them to explain some juridical-legal issues. The irtikazi term is a term which has rooted in the minds of the parties to the contract even though they may be unaware of it; it is, however, a necessary part of the contract. This term is among correct ones and should be fulfilled. Some consequences of this term may be observed in issues such as unsaid defects, condition of virginity in the contract of marriage, option of loss, option of defect and the like within the scope of Imami jurisprudence and Iranian Law.