The nature of the condition in the contract and its relationship with the validity and corruption of the contract from the perspective of contemporary jurists

Subject Areas : Nameh Elahiyat

Abd Al-Latif 'Alem ¹ , Yunes Wahed Yarijan ² , Sayyed Abulqasem Naqibi ³

1 - PhD student in Islamic jurisprudence and principles at Islamic Azad University, North Tehran Branch
2 - Assistant Professor Islamic Azad University, North Tehran Branch
3 - Associate Professor of Shahid Motahari High School

Received: 2021-05-29 Accepted : 2021-05-29 Published : 2020-10-22

Keywords: validity, Contract, condition, Corruption, independent, subordinate, contemporary jurists,

Abstract :

    Regarding the relationship between the condition and the contract, many different and contradictory views have been expressed, which are mostly related to the previous analyzes, ie the views of ancient jurists, and the latter, ie the views of contemporary jurists, have not been studied. According to the majority or the views of the ancient jurists, the conditions of the contract are subject to the original contract in terms of occurrence and survival, but; According to another view, which is believed by some contemporary jurists, the condition and the contract have nothing to do with each other. According to the proponents of this view, by separating the conditions, depending on the independent and dependent condition, and appealing to the existing principles, they state that the independent condition is subject only to the "occurrence" of the contract, but its "survival" and the rulings on such conditions. , Is a function of its nature, so it is created by writing a contract, but according to the intention of both parties or the rule of law or the nature of the condition, it has the capacity to survive and is not a function of survival and validity of the contract According to this view, the condition has nothing to do with the contract, and therefore all the initial conditions are valid and must be fulfilled, and if the condition is fulfilled correctly, it must be fulfilled, and if it is not valid, it is not valid, so it does not invalidate the contract. The present article, which has been written in a descriptive-analytical method through libraries and documents with the aim of examining the opinion of contemporary jurists on the relationship between condition and contract, concludes that: According to the theory of some contemporary jurists, condition is always an independent commitment. It is from the contract. That is, in fact, in a transaction in which a condition is included, two obligations are made independently of each other, and based on the obligation of the condition being independent, the validity and corruption of the condition have no effect on the contract.