The Concept of Implied ( Ertekazi) Condition and the Rules Governing It

Document Type : Research Paper

Author

Faculty member of Refah University

10.22059/jorr.2024.366295.1009374

Abstract

Since condition is an old and well known concept in jurisprudence and law of Iran, most of its varieties are scrutinized by jurists and lawyers. Therefore, the term Ertekazi condition is not only a new combination in jurisprudence and law but also has uncertainties unique to its concept. Ertekazi condition refers to constant condition in the minds of contractors which is not being discussed prior or after the contract. Furthermore, such uncertainties make the conceptualization of the condition more difficult to understand in relation to the rules governing it, and how similar it is to the other conditions is also under questioning. This study aims to explain the nature of these conditions to prove that the credibility of such conditions is as valid as other authorized conditions which includes all evidences of the fulfillment of the obligation. Finally, regarding this condition, some of its problems and required rules will be discussed.









Keywords: Condition, implied condition, ertekaz, common law ertekazat, common law, present witness , credit

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Main Subjects



Articles in Press, Accepted Manuscript
Available Online from 16 September 2024
  • Receive Date: 17 October 2023
  • Revise Date: 26 June 2024
  • Accept Date: 16 September 2024