Reservation of attribute as to the parties to contract in the contract of sale and its sanction

In Articles 234 and 235 of the Civil Code, the condition of attribute regarding the quantity and quality of the “subject of transaction” has been stated and the right of dissolution has been determined as its sanction. The legislator has paid attention to the condition of attribute only in relation to the subject of the transaction and has remained silent about this condition in relation to the parties to the contract in the contract of sale and its sanction and the Imamiah </em>jurisprudence also has not discussed this issue separately. However, according to jurisprudential and legal principles, including some verses of the Holy Quran and the rules of “contracts follow intentions” and “believers are committed to their conditions”, the concept of unity of criteria, the abolition of specificity of the condition of attribute in the parties to the marriage, the principle of sovereignty of intention and contractual freedom and freedom used of Articles 10, 201, 235 and 1128 of the Civil Code this issue can be examined and concluded that if the condition of attribute in the parties to the contract in the contract of sale is an agreement clause, violation of it will invalidate the contract and if it has a minor aspect, the violation will result in the right of dissolution and if the above-mentioned attribute has only the title of motive in concluding the contract and does not explicitly or implicitly enter into the scope of agreement of the parties to the contract, it is correct.