Document Type : Research Article
Author
Associate Professor, Department of Law, Faculty of Humanities, Islamic Azad University, West Tehran Branch, Tehran, Iran.
Abstract
An offer constitutes a proposal to enter into a transaction which, upon acceptance by the offeree, results in the formation of a contract and the production of its legal effects. Offers are generally classified into simple offers and binding offers. In a binding offer, the offeror is deprived of the right to revoke the offer, since such an offer, by necessary implication, entails the waiver and extinguishment of the offeror’s right of revocation. Accordingly, where the offeror purports to revoke the offer during its validity period, the offeree’s declaration of acceptance within that period nonetheless leads to the conclusion of the contract. However, where the subject matter of the offer is a specific property and the offeror, prior to acceptance by the offeree, transfers that property to a third party, the question arises as to the legal and jurisprudential status of the conflicting transaction.Although Imamiyyah jurists have not expressly addressed conflicting transactions arising from a binding offer, consideration of the nature of the implied condition embedded in a binding offer, which qualifies as a negative result condition in Imamiyyah jurisprudence, supports the conclusion that transactions conflicting with such a condition are characterized by suspended ineffectiveness. The findings of this study indicate that transactions conflicting with a binding offer, insofar as they implicitly involve the deprivation of the offeror’s right of revocation, give rise to an initial proprietary right in favor of the offeree. Consequently, the conflicting transaction is subject to a legal impediment and remains in a suspended legal status.
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