The territorial research of the condition contrary to the requirements of the contract: explanation and criticism of very general, general, very specific and specific theories

Articles in Press

Document Type : Research Paper

Authors

1 Department of Jurisprudence and Private Law, Shahid Motahari University, Tehran, Iran

2 Prof., Department of Private and Islamic Law, Faculty of Law and Political science, University of Tehran, Tehran, Iran

10.22059/jorr.2025.385349.1009539

Abstract

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.

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 06 April 2025

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History

  • Receive Date: 14 November 2024
  • Revise Date: 04 January 2025
  • Accept Date: 06 April 2025

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