Paper Information

Journal:   FEQH-E AHL-E-BAIT   SUMMER 2010 , Volume 16 , Number 62; Page(s) 47 To 73.
 
Paper: 

THE CONTRACT AND CONDITION

 
Author(s):  AMELI S.H.*
 
* 
 
Abstract: 

The paper analyzes the relation between the contract and condition, presenting five jurisprudential opinions and studying their reasons and effects. First, the contract is like a receptacle to the condition; second, the condition is the outer or visible parts of the two sides; third, the condition is only the outer or visible parts of the two sides; fourth, the condition is the dependent part in a mutual consent; and fifth, the condition is the motivation in a mutual consent.
The author elaborates each opinion and criticizes their reasons and effects. Rejecting four opinions, he proves the fifth one.

 
Keyword(s): CONDITION, CONTRACT, VISIBLE, RECEPTACLE, MUTUAL CONSENT, MOTIVATION
 
References: 
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