نوع مقاله : مقاله پژوهشی
نویسنده
دکتری، گروه حقوق خصوصی، دانشگاه قم، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Each of the options, depending on the source of its realization, provides the reason for the dissolution of the contract, but at the time of the conclusion of the contract, the "condition of revocation of all options" may be included in the contract, in order to prevent the owner from realizing the right of the option, and at the time of need, the other party should seek recourse to the mentioned condition and be freed from the contract's instability. In this regard, the current research, using the descriptive-analytical method and using the opinions of Imamiyya jurists and legal doctrine, tries to answer the question that how much of this condition has legal influence in the contract and can be cited? In the language of Qatabah jurisprudents, choice is recognized as one of the rights that can be revoked, and according to this, in Article 448 of the Civil Code, the legislator has considered the revocation of all rights in the contract as legitimate, so that it is considered a guarantee for the complete stability of the contract; However, the orientation of the court judges in terms of the basis and nature of each of the options and the need to pay attention to rules such as the negation of gharr, the observance of exchange justice, the prohibition of fraud, as well as the respect for the limits of the agreement of the parties, should be in the direction that the general condition for the dismissal of the bar of options do not impose on the parties and by insisting on the customary understanding and rational logic governing rights, do not exclude the owner of the right from resorting to cucumbers; Especially, in the civil laws of Islamic countries, including Iraq, the United Arab Emirates, and Afghanistan, the condition of rescission of the Kafe Khyarat has not been recognized, and only in the case of a defective cucumber, its rescission is explicitly accepted in the contract.
کلیدواژهها [English]
)