A Glance at the Impact of Invalid Conditions on a Contract
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 90
Abstract
Although the corrupted condition is not protected by sanctions, there are three beliefs as to whether its corruption (fasād) permeates the contract (‘aqd) or not: theory of fasād, theory of non-permeation of fasād, theory of detailed specification (tafṣīl). The proponents of the latter theory claim the total exclusion of the condition that causes disturbance in the basic components of the contract – such as contradicting condition of essence and unidentified condition – and thus regard its invalidity as indisputable, and in an absolute manner, believe in the non-corruption of other conditions. The present article deals with the notion that the contradicting condition would not cause disturbance in the basic components of the contract and the unidentified condition, which makes the transaction uncertain and forbidden, in case the reason for forbidding is merely the loss inflicted upon one of the parties, its non-corruption can be maintained by granting cancellation right to the one who undergoes a loss.
Authors and Affiliations
ḤUsayn ṢāBirī, Maryam ṢAfā’ī
Keywords
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- EP ID EP183783
- DOI 10.22067/fiqh.v0i0.4116
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