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Journal: متین
Year:1394 | Volume:17 | Issue:69
Start Page:97 | End Page:116

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Title

REVIEWING PRIMARY CONDITIONS AND COLLUSION WITH AN APPROACH BASED ON IMAM KHOMEINI’S VIEWS

Pages

 Start Page 97 | End Page 116

Abstract

 Condition, according to dictionaries, refers to OBLIGATION but in jurisprudence it has a wide spectrum of meanings. The condition, here, means the interacting parties or either one are obliged with undertaking something either outside the contract or within the contract. The conditions are of three types:A: The primary condition, that is like the promise, i.e. merely a commitment and an OBLIGATION before the contract,B: Collusion, that is the agreement before the contract by the parties based on which the contract is concluded but the agreement in not mentioned in the contract,C: PROVISO, that is a condition or qualification attached to an agreement or contract such as the condition of performance, condition of collateral events, and condition of description.Finding the way of enforcing or neglecting OBLIGATION, access to the PRIMARY CONDITIONS, collusion, determining positive and negative aspects as well as commonalities and differences among the viewpoints in order to get the positive and negative views highlight the importance of this research paper. With respect to the diversity of contracts in the society on one hand, and the diversity of conditions and preconditions in the contracts on the other hand, the analysis of the procedure of OBLIGATIONs on the two contract parties is an inevitable modern-day phenomenon according to the jurists. This research paper has been conducted based on descriptive-analytical method to study and evaluate the nature of PRIMARY CONDITIONS, collusion, the need to perform, and pertinent OBLIGATIONs in view of the jurists and IMAM KHOMEINI.

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