The Discovery or Transference of Suspension Clause and its Effects on Iranian Law

Due to the silence of the Civil Code about the beginning time of the effect of suspended contracts and in other words, discovery or transference of suspension clause, the issue cannot be ruled out from similar cases in iranian civil code, Because such an inference is based on a kind of analogy that is not acceptable in our law. Therefore, it is necessary to refer to jurisprudential sources and examine the reasons for each theory. After examining the evidence, it should be said that according to the rules and legal principles, the effects of a suspended contract start from the time of obtaining the condition of suspension and that is transference theory, which is a rule that the parties can not agree against. This debate has important practical effects; according to the theory of transference, the subject of the transaction becomes the property for the obligated party of the opposing contract with the suspended contract, but according to the discovery, the opposing contract will be Unauthorized. In transactions in which there is a pre-emption right, due to the transference, the time of using this right is from the time of fulfillment of the condition, and If we believe in the discovery, the pre-emption right has been proved since the contract was signed.