An Analysis of the Condition of the Opposition of Scripture and Tradition and Its Impacts on Contracts of Scripture and Tradition and Its Impacts on Contracts
Subject Areas : Private law
Abbas
Taghvaei
1
(واحد لاهیجان)
Mohammadhassan
Haeri
2
(دانشگاه فردوسی مشهد)
Masoumeh
Khodashenas
3
(واحد لاهیجان)
Keywords: condition, Contracts, Condition of the opposition of scripture and tradition, Esaleh Alsolh, Reasons of conditions,
Abstract :
The discussion of condition and its status in contracts has kept its traditional position in Jurisprudence issues; moreover, it has found a special status in Jurisprudence discussions. The analysis of this position requires a proper familiarity with the concept of the term condition from the lexical, principal, Jurisprudence, and common points of view and also the surveying of the relationship between conditions and contracts and the familiarity with the principle of the correctness of the conditions. Furthermore, in order to deal with the condition of the opposition of the scripture and tradition, we should be familiar with the criterion of correctness and failure of the correctness of the condition and divisions due to it, all of which determine the position of the discussion concerning the condition of the scripture and tradition. After these introductions and then dealing with documents and reasons related to the conditions of the opposition of the scripture and tradition, explaining the meaning of these kind of conditions and works, and expressing the legal viewpoints due to our Jurisprudence and the views of law on these items, it is essential that we deal with these issues analytically in this study.