Document Type : scientific
Authors
1 PhD Student in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
2 Assistant Professor, Department of Law, Faculty of Humanities, Ahrar University, Rasht, Iran.
Abstract
Some jurists have not considered the conditioned contract valid because it is dependent on a possible external matter and lacks certainty, and have considered it to be a condition for the validity of the contract to be fulfillment. However, Imam Khomeini (RA) and Ayatollah Khoei (RA) have challenged such a condition, but they disagree with each other on the fundamental principles and arguments put forward. The question is on what basis and in what format the theoretical principles of each of these scholars were put forward. This article has been compiled in a descriptive-analytical manner and with reference to authoritative jurisprudential books and related articles in Persian and Arabic. Although each of them has presented the issue in the form of a conditional obligation to challenge the condition of fulfillment, they have fundamentally disagreed on the reference of the condition to the body and the substance, and they also disagree on the possibility of separating the cause from the cause and the generation from the origin. So that the Imam considers suspension in the composition possible and suspension in the generation invalid, but Ayatollah Akhoui considers suspension in the origin correct..
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