The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code
Article 190 of the Civil Code of Iran about the basic provisions of the validity of transactions and about agreements has been independent and primary (principal) and the legislation has not asseverated about the transmission of these provisions to the conditions stipulated within the contract. The...
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Razavi University of Islamic Sciences
2021-09-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_1241_a9ffe9638273e21e75375ea5ff6b7f85.pdf |
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| author | Reza Maghsoudi Sayyed Mostafa Muhaghigh Damad Sayyed Mahdi Allameh Ali Reza Mazlum Rahni Hormuz Asadi Koohbad |
| author_facet | Reza Maghsoudi Sayyed Mostafa Muhaghigh Damad Sayyed Mahdi Allameh Ali Reza Mazlum Rahni Hormuz Asadi Koohbad |
| author_sort | Reza Maghsoudi |
| collection | DOAJ |
| description | Article 190 of the Civil Code of Iran about the basic provisions of the validity of transactions and about agreements has been independent and primary (principal) and the legislation has not asseverated about the transmission of these provisions to the conditions stipulated within the contract. The silence of the civil code about the inclusion of the article 190 to the conditions stipulated in the contract has leaded disagreement between the law scholars. From the other side the articles 232 and 233 have reflected the exclusive (specific) conditions of the validity of the provisions but these conditions in respect to the present periods have not been complete and sufficient and have not been responsive to the new-found issues. The changes of the circumstances and the emergency of the fresh social phenomena, it demands the necessity of the development and review in the conditions of the validity of the stipulation. In the following note, with the analytic-descriptive method, the inclusive provisions of the validity of the stipulation with the establishment of the two ijtihadi and new conditions meaning the necessity of the compliance of the conditions with basic principles and limitations have been completed and explained. Also, in the public circumstances of the validity of the condition (the reliability of the condition), fresh theories based on the Imamayeh fiqh and the civil code of Iran has been focused as the inclusion of the condition within a contract in the principal conditions (generally or in some titles) has followed the general rules of the contracts. |
| format | Article |
| id | doaj-art-31a6f38ec6ec4890be5b15a8d20a6c20 |
| institution | DOAJ |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2021-09-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-31a6f38ec6ec4890be5b15a8d20a6c202025-08-20T03:16:07ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902021-09-01132431334010.30513/cjd.2021.1229.12411241The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil CodeReza Maghsoudi0Sayyed Mostafa Muhaghigh Damad1Sayyed Mahdi Allameh2Ali Reza Mazlum Rahni3Hormuz Asadi Koohbad4A PhD student in Private LawFull Professor at Shahid Beheshti UniversityAssistant professor at Islamic Azad University of KhorasganAssistant professor at Islamic Azad University of Shahr-e-QodsAssistant professor at Islamic Azad University of RamhormozArticle 190 of the Civil Code of Iran about the basic provisions of the validity of transactions and about agreements has been independent and primary (principal) and the legislation has not asseverated about the transmission of these provisions to the conditions stipulated within the contract. The silence of the civil code about the inclusion of the article 190 to the conditions stipulated in the contract has leaded disagreement between the law scholars. From the other side the articles 232 and 233 have reflected the exclusive (specific) conditions of the validity of the provisions but these conditions in respect to the present periods have not been complete and sufficient and have not been responsive to the new-found issues. The changes of the circumstances and the emergency of the fresh social phenomena, it demands the necessity of the development and review in the conditions of the validity of the stipulation. In the following note, with the analytic-descriptive method, the inclusive provisions of the validity of the stipulation with the establishment of the two ijtihadi and new conditions meaning the necessity of the compliance of the conditions with basic principles and limitations have been completed and explained. Also, in the public circumstances of the validity of the condition (the reliability of the condition), fresh theories based on the Imamayeh fiqh and the civil code of Iran has been focused as the inclusion of the condition within a contract in the principal conditions (generally or in some titles) has followed the general rules of the contracts.https://cjd.razavi.ac.ir/article_1241_a9ffe9638273e21e75375ea5ff6b7f85.pdfthe condition stipulated within the contractthe conditions of the validity of the provisionthe conditions of the reliability -authenticity- of the conditionfundamental ordinances |
| spellingShingle | Reza Maghsoudi Sayyed Mostafa Muhaghigh Damad Sayyed Mahdi Allameh Ali Reza Mazlum Rahni Hormuz Asadi Koohbad The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code آموزههای فقه مدني the condition stipulated within the contract the conditions of the validity of the provision the conditions of the reliability -authenticity- of the condition fundamental ordinances |
| title | The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code |
| title_full | The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code |
| title_fullStr | The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code |
| title_full_unstemmed | The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code |
| title_short | The Inexplicit Stipulations of the Validity and Reliability of the Condition in the Civil Code |
| title_sort | inexplicit stipulations of the validity and reliability of the condition in the civil code |
| topic | the condition stipulated within the contract the conditions of the validity of the provision the conditions of the reliability -authenticity- of the condition fundamental ordinances |
| url | https://cjd.razavi.ac.ir/article_1241_a9ffe9638273e21e75375ea5ff6b7f85.pdf |
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