An Examination Of The Condition Of Suspended Contracts From The Perspective Of Sheikh Ansari And Sahib Jawahir Al-Kalam
Subject Areas : Civil Law
1 - Phd student of private law, Department of Law, Faculty of Literature and Humanities, 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.
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