Waiver of Options in the Law of Iran and Shiite Jurisprudence

Options are among the rights and are subject to waiver. This rule has faced many problems due to the scrupulous care of experts in law. The first part of this article refers to the principle of possibility of waver, the nature of waver, and the quality of waiver of options. The second part deals with the rules of waiver of options including waiver of option of misrepresentation, option of defect, option of deception, violation of qualities, insolvency of a person, and the option of frustrated delivery. Then the question arises whether all the options are subject to waiver due to the proviso. The novel point of this article is that options are merely a shortcut towards compensation of losses or returning to the pre contractual state. Waiver of all options is not in conflict with any legal rule and including such a term within a contract is definitely valid.