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
Related Articles
- EP ID EP183783
- DOI 10.22067/fiqh.v0i0.4116
- Views 127
- Downloads 0
A comparative study of legislation in the views of ‘Sheikh Fazlollah Nouri’ and ‘Mirza Mohammad Hussein Naini’
Legislation was one of the concepts and issues of intense debate among different political and religious currents in the Persian Constitutional Era In accordance with the definitions each of these streams of thought prov...
An examination of selling forbidden meat to unbelievers
The question has long been asked whether the meat of animals not purified in accordance with Islamic law and thus considered ‘dead’ can be sold to non-Muslims who do not adhere to Islamic legal purification. Can the prof...
Reciprocal duties and rights of owner and usurper after delivering the alternate of usurped property
Alternate of the usurped property is a compensation paid to the owner after unavailability of usurped property. The Iranian Civil Code, following the Islamic scholars' famous view, has principally accepted the payment of...
The Patterns of Goal-oriented Epistemology
The ancients, following Aristotle, used to classify sciences according to their subject criterion. This criterion had created such problems as non-comprehensiveness of all sciences and not achieving a comprehensive class...
An Introduction to the Status of Morality in Marriage and Family Rights
Throughout history, family institution has undergone various vicissitudes and confronted numerous anomalies and difficulties, especially in educational and moral dimensions. The pinnacle of moral and educational unruline...