Legal and Juridical Study of the Predictable Principal in Cases of Doubt in the Legality of Condition (Which Has Originated from Doubt in Legislation or Quality of Legislation in Legal and Divine Law)

One of the terms of the accuracy of the condition is its legality. Sometimes, there is doubt in the legality of the condition that is mentioned in the contract. For such doubt we can mention several origins. Among other things, this includes making doubt in regards to legislation and divine law which is contrary to the condition. Another of them includes making doubt about the quality of legislation, i.e. whether legal or divine law is obligatory or non–obligatory. However, the question that is considered is that: Which principal in circumstances that there is doubt in the legality of condition is predictable? This inquest, with study of the matter in jurisprudence and law and critic and study of different juridical and legal opinions has obtained to this conclusion that to allege the solution should pay attention to the origin. If doubt in the legality of condition is of doubt in the existing of adverse legal or lawful order, the way of termination of doubt is applying the principal of the non–existing of legal or lawful order. Of course, applying the mentioned principal only is admissible while that notwithstanding enough searches there isn’t adverse legal and lawful order, but if the doubt has been created of the ambiguity in quality of legislation of the legal or divine law (obligatory or non–obligatory order) applying the principle of invalidate of condition is seem to be stronger.