نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشکده معارف اسلامی و حقوق دانشگاه امام صادقعلیهالسلام
2 کارشناسی ارشد حقوق خصوصی دانشگاه امام صادق علیهالسلام
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, mentally established term. There have been investigations and discussions on various kinds of implied term. However, the mentally established condition has not been investigated yet. In contemporary times however, some jurisprudents have taken this type of terms into account in order 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 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 to it have not had any actual attention at the time of conclusion. Mentally established condition is among the implied conditions finding its validity from the generality of the proofs of validity of conditions. Some of the consequences of mentally established conditions can be seen in legal issues such as right of lien, option for delay, option for lesion, option for defect, destruction of the object of sale before delivery, the maintenance of wife in the period between marriage contract and wedding, the necessity of liquidation of the object of sale and the like in the Shiite jurisprudence and the law of Iran.
کلیدواژهها [English]
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