Examination and Criticism of the Reasons for the Arbiter of Cancellation of a Prohibited Conditional Transaction (by Relying on the Sanctity of the Property Using with Invalidity Reason)

Document Type : Original Article

Authors

1 PhD student of Jurisprudence

2 Full prof. at Ferdowsi University of Mashhad

Abstract

One of the issues which has been discussed in civil jurisprudence is that the transaction is conditioned on the condition from the seller which it is forbidden; one of the three reasons of jurists which invalidate this type of transaction is matching the title of property using with invalidity. The nullity claim which is based on the book’s indication on nonentity of capable of being owned of this type of transaction, is formed by the impossibility of distinguishing between condition and conditioned and specific narrations. It is dealt in this research with reasons for canceling the transaction by approach of property using with invalidity and this review of the necessity of capable of being owned in transactions, non-indication of The Book on capable of being owned negation from transaction, distinguishing between condition and conditioned ,placing consideration of transaction against the object of sale except in the cases of the condition impact in reduction and increase of the price and in the end will end into non-explicit indication of narrations on the nullity of the conditioned transaction therefore, the nullity of the transaction will be fixed only in the conditions that it causes the reduction and the price of the commodity.
 

Keywords

Civil Jurisprudence Doctrines
Volume 11, Issue 20 - Serial Number 20
January 2022
Pages 101-128

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