Comparative Study of Correctness and Void Constructive Condition in Iran's law and Islam's law

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Abstract

The issue of condition and related discussion is one of the problems that has a high importance in Imamiyeh and public jurisprudence and hence it has special place in civil law. The primary condition and supplemental and constructive due to the time of conditioning is divided into condition(concluded antecedent agreement) and stipulation. The constructive condition is the condition before the contract which is agreed upon and the contract is based on it. There is no unanimity between precedent jurisprudents about correctness or void of constructive condition. Well-known jurisprudents believe that condition should be interim contract and coincide with it so that it could be recognized necessitation so it void. Some jurisprudents opinion the correctness of constructive condition and some believe in its void and provided some details but subsequent jurisprudents believe constructive condition is valid. Lawyers in Iran believe that the constructive condition is valid. and legislator follow the effect of minority jurisprudents opposed to the current procedure and in1113 and 1128 of civil code of the constructive condition is considered a valid and binding and with the help of articles 410, 413, 354 civil code is justifiable .

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