List of Articles بازنگری در قرارداد

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  1 - Jurisprudential and legal review of the additional condition as a review, especially in contracts
  Amir Barani Amir KHajehzadeh Efat Ahmadzadeh
  10.22034/ijrj.2023.708074
  The contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part More

  The contractors may sometimes want to change some provisions of the former contract according to the requirements of the new conditions; In fact, they intend to revise the previous marriage. In such cases, the contracting parties tend to add these issues, which are part of the former contract and related to it, by means of a condition to be considered part of the former agreements. Ashhar's opinion in jurisprudence is that in order to adopt the basis for initial obligations, the additional condition is invalid. But in the legal system, due to the fact that the constituent element of the contract is the intersection of the will and the common intention of the parties, the additional terms are valid. This research, which was carried out in a descriptive-analytical method, shows that by analyzing what happens in the condition during the contract in the Islamic legal system and based on the customary understanding of the condition, it is possible to interpret the word condition as a related obligation; Therefore, what causes the establishment of a conditional relationship is the content relationship between two obligations, whether the condition occurs before the contract, during the contract, or after it. There are many examples of this type of conditions, which are sometimes confirmed by the text of the law and sometimes by judicial practice, which all indicate the validity of additional conditions. Manuscript profile