Analyzing and evaluating the validity of a condition for extinction of an option and its exceptions in Imami jurisprudence and Iranian law with a look at the judicial precedent

There is a doubt about the validity of a condition for extinction of an option attached to a contract. This doubt has been formed by reason of some objections such as being circular of a condition, gathering two contradictories (irrevocability and revocability) in a conditional contract, and conflict of the mentioned condition with the requirement of the essence of a contract. Criticizing and evaluating these objections as well as the principle of the irrevocability of contracts, the consensus of the Imami jurisprudents, the signification of this holy verse " `awfū bi l-'oqūd", the Prophetic tradition of "al-muminūṇa 'enda shorūtihim " and the rule of waiving of a right, all lead to prove the validity of a condition for extinction of an option attached to a contract. Based on Iran`s law, the principle of freedom of contracts, the exceptional feature of invalid conditions in civil code, principle of validity of contracts and also general and explicit article 448 of civil code, provide the same condition. Innovation of the following paper in comparison with the background of the research is that by combining the jurisprudential and legal subject, this paper has completely explained and evaluated the objections to the mentioned condition; then it has specified and determined the non -waiver options and current condition of waiving of all the options, and in this regard, logically stated and criticized the predominant approach over the judicial precedent. The results of this research show that in spite of the validity of a condition for having no option attached to a contract, given to the non waiver of some options, according to the jurisprudential and legal viewpoint, the stipulation of waiving all the options (mentioned by article 448 of civil code) is a invalid condition. Therefore, it is necessary to change the above article and correct our country`s judicial precedent in this regard.