A Study of Condition in Unilateral Juridical Act Based on Imam Khomeini's Viewpoints

Although reviewing juridical views and comparing and contrasting them with the current positive laws can be useful in more and better understanding of unilateral juridical act, it can also show the weakness of existing laws and theories in clarification of this legal provision as well as its conditions and effects. Whereas in contracts there is the possibility of including conditions or terms of rescission, this becomes highly significant and the differences of opinions become highlighted. The discords appear knowing that the conditions in nature are the result of agreement between two or more people, whereas unilateral juridical act is constituted based on a will. Therefore, apparently there is no possibility of including a condition in this principle. On the other hand, any factor imposing a defect in a positive act will be unacceptable according to common law and Sharia law, such as unilateral revocation that has created a right for the other party. These reasons plus a number of other factors, which will be covered in rejecting the condition and revocation in unilateral juridical act, as well as verifying these factors along with the faults found constitute the bulk of this paper.