Civil Responsibility of Abolition and Abolition Condition in Contracts

Subject Areas : فقه و مبانی حقوق

zahra memaryan ¹ , Sayyed abolfazl hoseini sirat ² , mehdi mirdadashim ³

1 - Islamic Azad University qom
2 - Azad university, Qom, Iran.
3 - Islamic Azad University Qom

Received: 2017-06-15 Accepted : 2017-08-13 Published : 2017-09-23

Keywords: Cancellation, Conditioned issue, Revoker condition, civil responsibility,

Abstract :

Civil responsibility has two common meanings: conventional responsibility and unconventional responsibility. Although conventional responsibility is caused as the result of private contract's violation, unconventional responsibility is not the same. It is the result of damage caused by a person to the other. So, the person is responsible to compensate the damage. Considering condition in contract means its achievement . Therefore, the condition will be null and void if it is impossible. One of the contract's disbandment's reasons is revoker condition. According to this condition, parties agree to cancel the contract if an event, action or inaction happen. In this condition, the contract is cancelled by conditioned issue. This leads to volitional cancellation and the result is appeared compulsorily. The duration of revoker condition should be cleared. Additionally, it is impossible to write it in all contracts. When the revoker condition is applied, parties are not allowed to do something against the other's right.