A reinvestigation in the nature of partnership option and partition of the commodity option

The issue of options [in the contracts] has a special significance in Imamiyah jurisprudence and civil law and is recognized as one of the voluntary factors of dissolution of the contracts. “Partnership option” and “partition of the commodity option” are amongst the options dedicated to exchange contracts. Despite the significance of the above mentioned options, the distinction between them is not so considered by the Imamiyah jurists and lawyers and there is not a single approach towards it, so that some consider them separate while some others see partnership option as an example of partition of the commodity option. Some also hold that both these two options are meanings of the “defect option”. The authors in order to stabilize independence of the partnership option deliver an analysis of the article 441 of the Iranian civil code, according to which, whenever the partnership of a third person in the commodity is discovered or that property in some way is inseparably mixed with another, based on the partnership option a right will be created for the person who incur the loss. This research is organized for studying and analysis of the nature of the both options and explanation of their distinction from each other so that hereby the relationship between partnership option and partition of the commodity option be evaluated in the process of critique and research.