Attempts jurisprudence about the role of bets on transactions and treaties

Amir Poorshahroodi, Ali Faghihi

Abstract


Research paper attempts to explore the role of the legal requirement in trades and treaties, The authors of these lines are efforts according to legal arguments and  by referring to the rule of

المومنون عند شروطهم    

Pay to the conditions, the correction and completion of contracts, emphasized the need to talk about the influence of conditions, including primary conditions, conditions collusion, stipulation, condition, quality, condition, therefore, be enforceable condition of the act and whether the terms of the opinion. The rule reflects provisions depending on the type of contract and the will of the parties fulfilling and true commitment provides its implications for Muslims, believers must be faithful to the condition that the commitment transactions, and They try to realization of its as far as possible .However, the terms of the deal should be rejected with the rules and law. Primary conditions of the issue terms, , to come out and really applied even in the name of the condition on such a commitment, it is doubtful. Such as tacit collusion clauses are clauses. When the contract is located to the extreme and the reference obligation implies it does, it is enforceable, Although celebrity Shiite clerics are not binding, condition or foundation collusion. and the condition of the contract considered as a condition for its authenticity.


Keywords


conditions - contracts - faithful - Health and invalidity

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