An Examination of the Condition of Suspended Contracts from the Perspective of Sheikh Ansari and Sahib Jawahir al-Kalam
Subject Areas : probate law
Morteza
Mohammad zade
1
(PhD student of private law, Gilan University, Rasht, Iran)
Keywords: Jurisprudents, suspended against, distinction of contracts, science and knowledge,
Abstract :
A group of jurists have considered one of the conditions of the composite contract as the condition of "tanjees" (suspension). In fact, the meaning of "tanjees" is whether the contract has been concluded or suspended. A suspended contract is one in which the parties have intended to conclude the transaction with a suspended condition against it, and without a suspended condition, they have intended that the contract will not be concluded. From another perspective, a concluded transaction is a transaction in which the intention of the parties has not been bound by a condition or attribute. In this article, we examine the views of two renowned jurists, the late Sheikh Ansari and Sahib Jawahir al-Kalam, regarding the condition of "tanjees" in contracts. We also explore whether their views are the same or different, and if different, what differences exist between their opinions. Ultimately, we analyze the opinions of these great scholars based on our knowledge and expertise.
1. Zaraat, Abbas, Sharh Mabsut Makasib, Jangal Publications, 2014.
2. Shayegan, Daryush, The Attractive Personality of Allameh Tabatabai, Bukhara Magazine, 2008.
3. Mohammadi, Ali, Commentary on Makasib, Volume Four, Dar al-Fikr Publications, 1997.
4. Mosleh, Ali Asghar, Credibility Perceptions and Philosophy of Culture, Ruzegar-e-Nou Publications, 1962.
5. Motahhari, Morteza, Eternity and Ethics, Islamic Revolution Education Publications, 1981.
6. Naibzadeh, Akbar, Translation and Commentary on Jawahir al-Kalam, Ketab-e-Vakalat Publications, 2017.
7. Naibzadeh, Akbar, Translation and Commentary on Jawahir al-Kalam, Ketab-e-Waqf va Sadagheh Publications, 2017.
8. Naibzadeh, Akbar, Translation and Commentary on Jawahir al-Kalam, Book of Commerce, Volume One, Kharazmi Publications, 2017.