A Survey of Jurisprudential Principles of Necessity in Contracts to Evaluate Religious Frame of Act 219 of Civil Law

Document Type : Research Article

Author

Associate Professor, University of Tehran, Campus Farabi, Tehran, Iran

Abstract

when there is a doubt between license and necessity in a contract, necessity is regarded as the basis; that is, no party is able to nullify contract without satisfaction of the other party. Through this principle, conditional sentence of of necessity is active for all contracts, unless some specific points in which for reasonable cause, conditional sentence of license is  proved. 
Jurisprudents ans Islamic lawyers rely upon some reasons such as Quranic verses, traditions, method of thinkers and practical assiciation with someone to prove this principle. Accordingly, in act 219 of Civil Law for all contracts, and in act 457 for bidding contracts, necessity is sentenced; however, due to doubt in subject and  hypocricy, its dimensioms are not clear; however, it will be clear through juridical reasons. According to this verse that says, “accomplish your contracts” and the method of thinkers, sentence to necessity in hypocricy is proved. But sentence to necessity in doubt in subject is capable through practical principle of associating someone. As a result, based on the justification of each reason, the dimension of necessity in both doubts becomes evident.

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History

  • Receive Date: 02 November 2018
  • Revise Date: 21 December 2018
  • Accept Date: 10 January 2019

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