Analysis of

Beygi Habibabadi, Ahmad; Pashaei, Hossein; Moirmohammadi, Mohammad Ali

doi:10.30497/irj.2022.76399

Analysis of "condition with the purpose of strengthening transactions" and its comparison with the option of condition without period in Iran's legal and transaction jurisprudence system

Document Type : Original Article

Authors

Ahmad Beygi Habibabadi ¹

Hossein Pashaei ²

Mohammad Ali Moirmohammadi ³

¹ PhD in private law, Tarbiat Modares University, Tehran, Iran

² Master of Private Law, Islamic Azad University, South Tehran Branch, Tehran, Iran

³ Assistant Professor, Jurisprudence and Fundamentals of Islamic Law Department, Adalat University, Tehran, Iran

10.30497/irj.2022.76399

Abstract

One of the conditions that there is a difference of opinion regarding its nature is that the payment of the performance bond is conditional on terms such as regretting or withdrawing from the contract. As stipulated in the contract, "If each of the parties regrets, he must pay a certain amount of damages to the other party". Such expressions are misleading and create the impression that its essence is "an option of an indefinite condition". However, you can get rid of this wrong idea. Because, what What shows the will of the parties is that "guarantee of faithfulness to the promise of the other party" which is known as "a condition with the purpose of strengthening transactions" in our judicial practice. Of course, a condition under the title "condition with the purpose of strength" is not included in the contracts, but in the analysis of the conditions contained in the contract, it can be said that a distinction should be made between the nature of the contractual condition and its purpose. The results of this article indicate that in this context, it is possible to take advantage of the capacity of unanimity votes issued by the Supreme Court of the country or to amend Article 401 of the Civil Code.

Keywords

option of conditions

contract

void condition

invalid condition

contract strength condition