نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
“Condition” means being obliged and bound. In its technical sense, it is an obligation within another contract. The contents of the condition are mentioned explicitly or otherwise in the text of the contract. The former is called an express condition, and the latter an implied one. Different types of implied conditions are as follows: essential term, customary term, legal term, and mentally established term. There have been investigations and discussions on various kinds of implied terms; however, the mentally established condition has not yet been investigated. In contemporary times, some jurisprudents have taken this type of term into account to explain certain legal issues. However, there has not been any study or investigation on the nature and concept of this condition, nor on the foundation of its validity, nor on its exact classification, extensions, and effects in jurisprudence and law. The outcomes of this research indicate that a mentally established condition is one established in the minds of the parties to the contract. It is a concomitant of the contract, although the parties have not had any actual attention to it at the time of conclusion. The mentally established condition is among the implied conditions, finding its validity from the generality of the proofs of the validity of conditions. Some of the consequences of mentally established conditions can be seen in legal issues such as the right of lien, option for delay, option for lesion, option for defect, destruction of the object of sale before delivery, the maintenance of the wife in the period between marriage contract and wedding, the necessity of liquidation of the object of sale, and the like in Shiite jurisprudence and the law of Iran.
کلیدواژهها [English]
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