The Concept of Implied Ertekazi Condition and the Rules Governing It

The concept of condition is an old and well-known principle in jurisprudence and law of Iran and most of its varieties are scrutinized by jurists and lawyers. However, the term Ertekazi condition is not only a new combination in jurisprudence and law but also has uncertainties unique to its concept. Ertekazi condition refers to constant condition in the minds of contractors which is not being discussed prior or after the contract. Furthermore, such uncertainties make the conceptualization of the condition more difficult to understand in relation to the rules governing it, and how similar it is to the other conditions is also under question.  This study aims to explain the nature of these conditions to prove that the credibility of such conditions is as valid as other authorized conditions, which includes all evidence of the fulfillment of the obligation. Finally, regarding this condition, some of its problems and required rules will be discussed.