نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه و حقوق خصوصی، دانشگاه شهید مطهری، تهران ، ایران
2 استاد، گروه حقوق خصوصی و اسلامی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The condition contrary to the requirements of the contract is a concept that has always played an important role in jurisprudence and legal writings and has been used by jurists and jurists. Based on this long history,, significant changes can be seen in the field of conceptualization of this jurisprudential and legal institution. Since the jurists did not agree on the definition of the condition contrary to the requirement and had different views in this field, by studying and examining the historical evolution of the meaning of the condition contrary to the requirement, we will face a wide range of meanings. Some jurists have considered a very inclusive and boundless meaning in the nature of the condition against the right and others have believed in applying serious restrictions regarding the definition, scope and effectiveness of such conditions. In the meantime, the theory of the specific concept of the condition contrary to the requirements is an accepted point of view that neither has the excessive expansion of the very general and general theories, nor has it suffered from the conceptual limitations of the very specific theory.
کلیدواژهها [English]
