implicit condition

In lease contracts where the landlord grants the tenant the right to build construction or planting trees, article 504 of the Civil Code provides for the right to retain the accessions after the expiration of the lease, following one of the two main jurisprudential views. But it leaves unanswered the question of whether or not the tenant will have priority in re-leasing by owning the accessions. Jurisprudential and legal doctrines have also sufficed to examine the right of retention of accessions. However, the tenant’s priority in re-leasing the area can be considered as an implicit customary condition, as the judicial and administrative procedure has a serious tendency to recognize this right. Moreover, the priority in renting due to the ownership of the standing property also has a legal background.

Before drafting the contract, following preliminary negotiations or on the basis of Islamic business practice and custom, the parties may accept some requirements and make the contract based on it, but do not specify it in the contract or do not need to repeat it in the text of the contract. A dispute has arisen in the validation and identification of the condition agreed before the contract, which is also called banaee, tabani or tavati condition, and the extent of the effect and influence of the condition included in the contract to such conditions.Since the tabani condition is not in the scope of composition and is a preliminary condition, the validity and origin of its effect and the extension of the effect and influence of the condition in the contract to this type of agreement which is neither explicit (conformity) nor implied (implicit) ) is not mentioned in the text of the contract, it is not easily possible and its acceptance faces harmful legal consequences and serious obstacles at the stage of soboot( as something is in reality) and esbat(as we think something is).

In Islamic and Iranian tradition, virginity is desirable and equal to chastity, merit and decency, so most men consider this chastity as a necessity to start a family. Although lack of virginity is not one of indisputable defects in wives in Shari‘a, but the question of this study is what legal sanction the lack of virginity ensues? Jurists have different views on the lack of this attribute; some consider the right to terminate marriage and others consider it as a right to reduction in dowry, also some believe in detailed specification (tafṣīl). Most lawyers suppose that it would be subject to article 1128 of Iranian Civil Code and one of the reasons for termination of marriage.  Most legal writers have not discussed about the status of dowry if the contract is not terminated but Islamic jurisprudence and tradition show that If the right of termination does not exist or is not used, the reduction of the dowry by the ratio of the difference between the dowry of the virgin women and the dowry of the non-virgin is the effect of the lack of virginity. It seems that necessity of unification in judicial procedure in Iranian family law requires adding a clause to the mentioned article regarding the amount of dowry if the marriage is not terminated.

The conditional entity is one of the major jurisprudential issues that is very important for its accurate understanding of the judgments it handles. One of the most successful ways to understand the concept of words is to examine the types of references that necessitate research on the nature of the condition. In this paper, with a comprehensive overview and comprehensive review of jurisprudential sources, all the effective directions in the division of the criteria (divisibility criteria) have been established and attempts have been made to determine the extent of these categories by addressing the terminology and the expression of the equipment, the history and effects of their acceptance. Accurately explained. Based on the findings of this research, the following are the most important and over-fulfilling conditions: the condition of the consent of the contract, the condition against the nature of the contract, the condition of the opposition to the source, the condition against the customary work of the contract, the condition against the use of the contract, the conditional, the customary (ordinary), religious and Rational condition of the verb, description and purpose of the verb, implicit, elemental, collusion and explicit, in each case based on the subject, the type of ruler of credit, the necessity of respect, and the mentioning and not mentioning in the text of the contract, the split is conditioned.