Setting Deadlines in Contract Options: The Extent of Exercise of the Right of Annulment and the Authority of Decision Judgment in a Lawsuit
Subject Areas : فقه و مبانی حقوق
Abolfazl
Amani mehtarlo
1
(Ph.D Student, Department of Fiqh (jurisprudence) and Basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran.)
Esmat al-Sadat
Tabatabaei Lotfi
2
(Assistant Professor, Department of Fiqh (jurisprudence) and Basis of Islamic law, Qom Branch, Islamic Azad University, Qom, Iran .)
Nasrin
Karimi
3
(Assistant Professor, Department of Fiqh (jurisprudence) and Basis of Islamic law,Qom Branch, Islamic Azad University, Qom, Iran.)
Keywords: Immediate options, Option of deception, Option of sight, Conditional option, : Rright of annulment, Option of deficiency, Option of the contract session, Price delay, Adaptive deadline, Option of animals, Option of bankruptcy, Option of concealing defect,
Abstract :
Contract option refers to the right of annulment, in which setting deadlines plays a vital role concerning the rights of parties involved in contract. In some options that form the basis of contract (such as conditional option), unawareness about contract deadline, or failure to set it, may invalidate contract. In other types of options, the contract remains valid if the option is not practiced in its due time. Although jurisprudence and law have discussed the time span for options, there are always challenges in determining whether the options have been applied within the deadline. In the present study, all types of options have been independently described and analyzed in three categories: urgent, unidentified urgent and non-urgent. At the appointed time, the deadline may be determined based on agreement or a prescription of law. The authority in litigations is expert judgment, especially for urgent and common non-urgent cases, and doubtful situations.
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