شرط فعل

There is a difference of opinion in response to the question of the essential effect of the condition of financial act and the guarantee of its enforcement in case of breach. Some of the prominent contemporary authors hold opposing views with well-known jurisconsults and the apparent content of the provisions regarding the Iranian Civil Code. They believe that the condition of a financial act leads to the establishment of ownership in favor of the conditional beneficiary in the possession of the conditional obligor upon its establishment, similar to the consequential condition. Therefore, breaching the condition is not possible in such conditions of financial act. This opinion is referred to as the theory of "Obligation and Financial Rights of the Dhimmī” regarding the condition of the financial act, and scholars such as ʿAllāmih Ḥillī and Muḥaqiq Ţabāṭabāʾī Yazdī are also attributed to being advocates of the theory. To prove the correctness of the theory, references have been made to the interpretation of the two parties’ intentions, customary practice (zuq-i ʿurfī), and religions reasons for commitment and obligation. After elucidating the theory and mentioning its eightfold shortcomings, the present study will demonstrate that attributing the theory to the two aforementioned jurisconsults is invalid.

In everyday life, people undertake obligations in the form of conditions in a contract, one of the most important of which is the verb condition, which has many uses. According to the evidence of the conditions, it is obligatory for the defendant to comply with the provisions of the condition, but sometimes he may not fulfill his obligations and there is a violation of the condition of the act, and there are wide differences regarding the guarantee of its implementation. Therefore, the purpose of this research is to compare the guarantee of the implementation of the verb condition in Imami jurisprudence, Sunni jurisprudence and civil law. According to the famous Imami jurists, which has been followed by the civil law, the guarantee of the fulfillment of the condition of the act is primarily conditional coercion against the fulfillment of the obligation, and in case of excused coercion, there is a right of rescission, which today has limitations, but some believe that the right of coercion and the right of termination are contradictory, which has its supporters. Among Sunni jurisprudents, there are differences of opinion regarding the performance guarantee, some of them believe in the long-term theory of the performance guarantee, and some believe in the initial termination without the right of coercion.

In Article 239 of the Civil Code of Iran, the effect of violating the condition of the act is the right of termination and obligation in the order of obligation on the right of termination. If we consider the condition as the creator of the right and its existential effect to protect the interests of mashrūṭun lah (person in whose favor a condition is made), the terms and regulations of the condition must be formulated and interpreted in such a way that it practically comes to the help of  the mashrūṭun lah. The order provided in article 239 not only does not meet this expectation, but sometimes itself causes inconvenience and imposes unjust damages on the mashrūṭun lah and violates the rule of the need for full compensation for the contractual damages and causes instability in balance principle. On the other hand, the right of termination does not take precedence over the obligation to cause the submission. Therefore, the provision of both rights, i.e. the option of termination and the possibility of binding optionally, and in case of signing the transaction, claiming a condition as damages based on expediency and envy in each case, has been considered as the chosen view, which is the subject of the present research carried out in a descriptive-analytical method.

Although the validity of the documents from the point of view of the parties to the transaction is in line with the payment of the price and delivery of the transaction documents; However, there will be no conciliation on the nature of the unit of credit opened and the condition of opening the lease on the underlying transaction. In some contracts, the performance of the obligation does not occur once to oblige the abstainer to perform the obligation by going to court or arbitration; Rather, the execution of a commitment is continuous and composed of several intertwined and complex commitments; In such a way that in case of opening a letter of credit, the customer must refer to the bank and complete the letter of credit opening application form and deliver it to the bank. In this regard, the first issue is the customer referring to the bank and completing the application form Consequently, the letter of credit issued by the bank (according to the abstract and independent description of the letter of credit) with the agreement of the parties, is another obligation of the customer and the next issue. In principle, banks do not issue and open letters of credit without obtaining sufficient documents and guarantees, so the customer must provide sufficient guarantees to the bank to open letters of credit and make their arrangements. The fulfillment of such complex, continuous and complex obligations, if not at the will of the customer, is not able to be performed correctly and in an acceptable manner by the obligor. The present article examines the jurisprudence and legal system of Iran, the International Convention on the Sale of Goods seeks to respond to the guarantee of violation of the condition of opening the LC in the basic transaction.

Contradictory possession means the non-fulfillment of the condition stated in the contract. According to the terms of the contract, the violation of the condition can be examined in three cases of violation of the condition of the adjective, verb and result. Considering that the parties to the contract have considered a specific purpose and motivation for inserting the condition in the contract, without a doubt their relationship is effective and creates legal conditions for constitutionalism. The jurists disagree on the freedom of contract and on freedom of condition, along with contracts, but in this case they agree that whenever a contract is concluded with full pillars and conditions, it will have binding power. This study, by descriptively examining the views of Imami and Sunni jurists and analyzing its reasons, has considered the legal act (contract or iqa ') that has been done against the condition to be correct, but the constitutional case can take two steps against violating the condition: First, it can be contractual. To terminate the condition in which the condition is stated and, secondly, to request compensation in case of conditional violation against the damage caused to him. Of course, in some cases, such as marriage, etc., this general rule must be deviated, as in some cases, the legislature has deviated

The subject of this paper is the analysis of the nature and validity of price adjustment clause by paying the difference at the time of payment of the last installment. The unpredictable changes in commodity prices in the market have led to, in sales in installment, sellers cannot set a part of price allocated to installment, so they designed the above mechanism. This term concludes that, in the sale of installments, the last installment has been adjusted and the buyer is required to pay rest. In this paper, using a descriptive and analytical method and referring to the main sources, after analyzing the various forms of the above mechanism, it is recognized & this result has been achieved, If understanding of Gharar, and summarizes in assurance, this term will be correct. The judicial procedure also recognizes it's as valid. Keyword: installment sales, condition about performance of an act, corollary term suspended, adjustment, open price, Gharar.

The conclusion of a contract conditionally indicates that one party (the obligee) has conditioned his or her obligation regarding the provisions of the contract to the fulfilment of a condition or some conditions by the other party (the obliged); in fact, the obligee has written his or her will conditionally. Therefore, if the obliged party contravene condition or conditions of the contract, the continuity or the possibility of the contract annulment should be decided about. Regardless of the Condition of Result which it is not possible to be contravened, and the Condition of Quality whose contravention leaves no way but the possibility of annulment for the obligee, different opinions have been presented about facing the contravention of the Condition of Action in jurisprudential texts. From among the opinions we can mention that some jurisprudents have introduced the possibility of forcing the obliged party to fulfill the condition or conditions along with the possibility of the contract annulment. Some others believe that forcing the obliged party is not possible and it is just possible to annul the conditioned contract. However, in Shiite jurisprudential texts, the possibility of marriage annulment due to the contravention from Condition of Action has been left unsaid and it seems that the marriage contract, from the viewpoint of most of the jurisprudents has been excluded from the general rule prevailing the contracts. The tendency of some jurisprudents and researchers in presenting viewpoints, including calling the offender from the condition as a guilty person, or nullifying the legal act whose leaving has been a condition of the marriage contract, indicates the preclusion of marriage annulment in their viewpoints. In Sunni jurisprudential schools, only the opinions of some Hanbali jurisprudents have strengthened the possibility of marriage annulment due to the contravention of Condition of Action. In this study, it has been attempted to prove the permission of marriage annulment due to contravention of Condition of Action through presenting independent reasons on the possibility of marriage annulment based on the Option of Unfulfilled Condition (Khiyar al-Ishtirat) and also scientific and exact review of the reasons of opponents to annulment.

Referring the dispute to arbitration is done in two ways: independent contract and arbitration clause. An arbitration clause is included in the contract when there is still no controversy and parties will refer their possible future potential disputes to the arbitration. Arbitration clause is generally considered as a stipulation in contract. But the point that whether the arbitration clause has the potential of being the subject of stipulation in contract or not is the topic of this study and also finding that if it has such a feature in which divisions will that stipulation in contract be placed. These issues will study from the stand point of judicial precedent. The importance of this issue is that depending on the legal nature of the arbitration clause, its legal effects will be different. In this regard, by analyzing the concept of an arbitration clause, the views in this area and in particular with analyzing the important principle of the independence of the arbitration clause it can be assumed that despite the fact that the arbitration clause can be construed in terms of each of the conditions of the performance and result, however, since the arbitration clause has a direct effect on the denial of the jurisdiction of the court and can be the subject of an independent obligation, it has a special legal nature that it removes the traditional rules of civil law.

Marriage contract is considered as one of the contract which include lots of legal issues. The terms of a marriage contract, which is much more important than the marriage conditions, have caused the contract to be the subject of discution between lawyers all the time. One of these conditions is the Prohibition of Childbirth which is also mentioned in fiqh as the condition for the Dismissal or Non-Claim of Offspring. Based on the fact that Childbirth and in general, Sexual Intercourse is considered as an integral part of the marriage contract or not, different opinions about the accuracy or inaccuracy of this condition have been stated. The Prohibition of Childbirth is usually a condition of non-performance, that its legal sanctions, as the similar conditions, maight be enforcing to perform the commitment, pay damages, establishing the right of rescindment or divorce or any other legal sanctions which are agreed upon. On the other hand, if the condition is breached, there will be some changes in couple's rights and obligations; for example: if the man is the person in whose favor a condition is made, the issue will affect on paying the quit-rent and other material rights of the wife and in the terms of restitution might be effective; or even in the subject of custody, which may affect on the rights and duties of each of the couples according to the law. The current research tries to study these two issues: the legal validity and effects of the Prohibition of Childbirth condition in marriage.

The Imamieh scholars have wide disputes over the substantial effect of positive condition. Some jurisprudents regard the positive condition as lacking postural effect, believing it as merely an imperative rule. A group takes the path of extremism assuming it as an effect of debt, while other group reduces the postural right of positive condition to "right of demanding. Moreover, a group has taken a moderate approach, considering a postural effect for positive condition. They regard it as one of the types of financial right. The researcher names it financial covenanted right, believing that in some occasion, it turns to financial obligational right, which is debt. Iran's civil law doesnt take clear position, and this necessitates a precise explanation of the effect of positive condition in Imamieh's jurisprudence, which has been the source of the legislative adoption. Therefore, the present study uses a in this descriptive-analytical approach to explain the views and reasons of each group and to reveal the position and basis of civil law.

If someone is not financial and it is simply describing bought¡ Also, whenever with confidence with previous sightings, financial, purchase and then it turns out to be not completed And is provided in the contract in case of failure to comply with the sales descriptions other than give it to the customer is correct or not? This article is intended to refer to religious books and summing up the views of jurists with analytical method, the answer to the above question Jurists believe that tradition in this case is two or condition is the result or condition is a verb And each of these two conditions are or become converter or the illegal proceeds are exchanged. It seems that if four conditions Abdal void is the most important because it is Gharar which is Gharar in sales.

The aim of this study is that the cucumbers breach of condition in accordance with Article 234 of the Civil Code: "The condition of three types: 1-bet trait, 2-bet a result, positively or negatively verb 3bet. Condition as the condition of recurrent quality or quantity of the transaction. The result is that the realization of an outside bet, bet Shvd.v current condition of the act is to be provided on one of the dealers or foreign person. So under this Article, the parties to the contract provisions of the contract state that, if the obligations in the contract have been violated, and their commitment to the condition that the contract stated, violated, cucumbers violation of the conditions for the person if he is in favor of a cause that means cucumbers violation of the right to termination condition is caused by the stipulation and consent will. we can say that famous jurists in violation of the act condition that in case of violation and refusal conditional on the fulfillment of the condition, stipulation has the right to force him to do if he wants and if Tzr force of the constitutional against, the stipulation is entitled to terminate the contract. the original Pydakhvahd.

Bank contracts are concluded either absolutely or conditionally. Most contracts are concluded conditionally. Therefore, in most contracts, observance of rules of sharia in banking affairs, which is today subject of much attention, depends on knowledge of fiqh and legal nature of conditions and their function. Conditions are divided into many categories based on different criteria, and accurate knowledge of each of such categories is very important, and also, it is necessary to study effect of each separately. Such study would range from the study of how to accurately conclude a contract containing each of categories of conditions to consideration of the effect of violation of conditions. Such study must be done carefully and with diligence without ignoring complexities of certain matters. Indulgence and lack of diligence in sharia rules-based banking operation not only undermines Islamic bases of economy but also cause many to doubt the Islamic bases of economy and lead them to falsely believe that observance of rules of fiqh only apparently changes bank operations without making any substantial changes, thus making people confused and surprised with the never answered question why so much must be spent on such superficial and ultimately ineffective changes.

Clauses in contracts is one of the most important issue of the law of the contracts and in reality, it is an emergence (form) of autonomy (the ability of the person to make his or her
own decisions) in the contracts. One of these clauses is the condition about performance of an act which is determined in two forms: from one side, positive and negative and from the other side, material and legal in the contracts. In the Civil Code of Iran, the legislator has specified on the condition of positive and negative act in Articles 234 and 237 but it has not specified on the condition of material and legal act. It has also stated the violation of the negative and positive condition in the Civil Code of Iran in Articles 237 and 239 which determines that there are no differences between the executive guarantee of them in apparent. This article is going to answer this question that if the executive guarantee of the violation of negative condition is the same as the executive guarantee of the violation of positive condition which has determined in Articles 237-239 or it should be looked in the other executive guarantee. For answering to the mentioned question, it has tried to see the issue from the view of the legislator with considering the instances of the violation of the negative condition in the civil code of Iran and it has been studied from the point of the Islamic jurists and law scholars and Precedent (judicial precedent) and lastly, the intended idea and its reasons which are the right of the revocation of the person to him the promise is to be made and the legal right to claim compensation has been implied which it differs from the executive guarantee of the violation of positive condition.

Iran's Islamic law and civil rights, the right to divorce the man. In today's society, sometimes the wife the right to divorce than couples MyBashd.sval demand abandonment is how and in what circumstances abortion or divorce can do basically is not possible.also known to be corrupt.10 is the civil law.