Necessities of fulfilling the condition during the contract in case of dissolution of the main contract in Imami jurisprudence with an approach based on the opinion of Imam Khomeini
Subject Areas :
MAHMOUD VAHDAT
1
(PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Imam Khomeini's Thoughts, Tabriz Branch, Islamic Azad University, Tabriz, Iran)
yaghoub pourjamal
2
(Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran (* Corresponding Author))
Reza Ranjbar
3
(Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran)
Keywords: dissolution of the contract, The condition of the contract, the capacity of Imam Khomeini,
Abstract :
Undoubtedly, conventional transactions, contracts and agreements in society from the time of human life to the present have been accompanied by a condition or conditions that have. had a special effect, value and validity for the parties from a material and spiritual position However, regarding the relationship between the contract and the condition, from the well-known point of view of Imami jurists, the condition is subject to the contract and has no independent credit nature. On the other hand, there are cases in which the condition follows .the contract only in terms of creation and can exist independently in terms of survival Therefore, from this perspective and with the idea of separation of condition, dependent condition and condition independent of contract with reliance on existing principles such as Quranic verses, hadiths and special narrations in this chapter, as well as Imam Khomeini's capacity theory, the principle of free will and agreement of the parties , The prevailing custom in society and other principles that have been addressed in this article; In certain cases, it is possible to believe in the independence and survival of the condition and the need to fulfill it despite the invalidity and invalidity of the contract. It has, from a jurisprudential and legal point of view, an exception to the rule of absolute compliance with the condition of the contract in its occurrence and survival
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