Examining the conditions contrary to the requirements of the contract in Shiite, British and French jurisprudence

Document Type : Original Article

Authors

1 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Jiroft Branch, Islamic Azad University, Jiroft, Iran

2 Assistant Professor, Department of Law and Theology, Jiroft Branch, Islamic Azad University, Jiroft, Iran

10.30510/psi.2022.317836.2736

Abstract

It is a condition, obligation and obligation that is included in the contract, and if this subordinate obligation is illegitimate, then illegitimacy means that it is against the law, which, according to Dr. Katozian's justice-oriented theory, also illegitimate matters that are against good morals and public order. He knows that it will invalidate the condition and give rise to the right of conditional termination. The purpose of this study is to investigate the conditions contrary to the requirements of marriage in Shiite jurisprudence and British and French. The results of this study show that it was also examined in the law of the United Kingdom. Contradictory, there is the issue of interpretation and the famous rule of the blue pencil, the result of which is to break the contract and allow the judge to remove the illegitimate condition, which of course is where the breaking of the contract does not contradict the public order. Regarding the necessity of the nature of the contract, a single criterion has not been stated in Imami jurisprudence, but some have relied on the role of custom, some have relied on the Shari'a, and others have used the meaning of the written will of the parties as a criterion for action. From a legal point of view, and considering the organization of the definitions of certain contracts in the laws, it seems that in the current situation, one should distinguish between definite and indefinite contracts in determining the appropriate nature of the contract.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 3486-3505

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