Sheikh Ansari and matching the option of the views on civil rights
Subject Areas : فقه و مبانی حقوق
najmeh
azizi naserabad
1
(دانشجوی دکترا دانشگاه آزاد قم)
علی رضا
عسگری
2
(معماون آموزشی و عضو هیئت علمی دانشگاه آزاد اسلامی قم)
Keywords: Law, condition, Key words:marriage, cucumber, Sheikh,
Abstract :
Spanish cucumber, gerund of authority. the term is defined to mean ownership contract. The purpose of this paper is to examine the option of civil rights from the perspective of Sheikh Ansari and match. In the preparation of the analytical method and library has been used .. According to the findings,Sheikh Ansari believes that the condition of the cucumbers - the authority to terminate or to sign the deal - the contract in cucumbers for someone to be proved right this right is given to him. And believes that the option of in terms of time, not a certain extent, but any period of time, short or long, attached to the contract or detached from it; it is permissible to be provided in the contract, but must be determined to the extent that otherwise it is not possible to increase or decrease the bet is void and the transaction. If the option in the contract for any of the seller and the buyer as well as to foreigners alone or with one of the sides of the contract is correct. Khyarshrt right because if it is fixed in the contract. That is, thecontrol of the holder of the right to terminate the contract due to the condition of the cucumbers cucumbers for the Qdast. Cucumber such other terms and conditions as a result of mutual consent, the parties achieved an agreement. And the effect of which is the termination of the contract is subject to the will of the stipulation.
