Abstract:
The principle of firmness of contracts as an inviolable principle and rule governs the necessity and implementation of contracts; But sometimes the execution of a contract based on this principle causes irreparable damage to the other party. Therefore, jurists have been looking for this discussion for a long time that by maintaining the principle of the strength of contracts - in the event of a situation that changes the circumstances in the contracts - is it possible to order the adjustment or modification of the contracts? Or, in such cases, he assigned the general rule.The opinions of jurists and their opinions caused the laws of countries and international conventions, including the Vienna Convention, to pay attention to this matter, and this theory was accepted that if circumstances arise, a contract can be terminated, or a contract can be withdrawn, or and the jurists cited reasons such as implicit condition, interpretation of the contract, prohibition of abuse of right, misappropriation of the accident, principle of good faith, etc. to prove the mentioned theory.
Machine summary:
"A comprehensive look at Islamic jurisprudence and law and the existence of rules such as the rule of benevolence, which is documented by the verses of the Holy Quran, such as the noble verses: "Ali al-Mohsinin Man Sabeel" [Tawbah: 91] and "Hell Jaz" ``A-la-ahs'' is ``un ila''''''''''''''' [Al-Rahman: 60], it expresses a rule in the form of a real case that dissolves into multiple cases, and the expression means that if the present as Benevolence and goodness should be issued from a personAnd in fact, it was a benevolence, regardless of whether it benefited the other party or averted a loss from him - when this unintentional act causes loss and damage due to conditions and circumstances that could not be foreseen, the benevolent and benevolent person will not be liable for the guarantee. Was ]Mousavi Bojunordi, 1 vol. 4, Ihsan's rule: 17-7 [. According to what has been said and the debates that are raised in khiyart, especially khiyar ebab, as well as the debates that jurists raise about the obligation to declare in mahrameh oil and other reasons that have been mentioned, this definite rule is obtained empirically. The principle of good faith in transactions is an accepted fact in Islamic jurisprudence, and the courts must observe it in the jurisdiction.