نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In Iranian law and Imami jurisprudence, the discussion of conditions that are agreed upon between the parties before the conclusion of a contract but are not specified in the text of the contract has always been accompanied by theoretical and practical challenges. This type of agreement, known in jurisprudential literature as "collusive condition" or "constructive condition", has raised important questions about validity and bindingness. The present study, using a descriptive-analytical method and relying on library resources, seeks to answer the question of what are the bases for the validity of constructive conditions in Imami jurisprudence and Iranian law and whether this legal institution can be extended to civil partnership contracts or not? The findings of the research show that the famous Imami jurists consider the construction condition to be devoid of religious validity, but another group of jurists, citing the generalities of "Ufwa' bal'aqud" and the behavior of the wise, consider it valid. In Iranian statutory law, Articles 1128, 1113, 410, 411, 412, 413, 414 and 415 of the Civil Code have clearly recognized the validity of this type of condition. Using the method of analogy and unity of criteria, the scope of the construction condition goes beyond marriage and specific contracts and also includes civil partnership contracts. The results of the research show that the construction condition can be applied to all necessary and permissible contracts and its violation, as the case may be, will result in the right to terminate (in case of violation of the description) or the obligation to perform (in case of a verb condition).
کلیدواژهها English