Abstract:
The present article is an attempt to investigate and explain how to comply with the condition in the contract; In the sense that the ali al-atlaq condition must comply with the necessity and permissibility of the contract or that it can be given an independent nature from the contract. In order to examine the discussion in detail, the author firstly divided the conditions into two general categories: conditions with independent commitment from the contract (lawyering condition included in the marriage contract) and conditions without independent commitment from the contract (attribute condition) From this photo. In the following, he divided the conditions that do not have the ability to be independently bound into two general topics: permissible contractual conditions and mandatory contractual conditions.In the following, the conditions that do not have the ability to be independently bound are divided into two general topics: permissible contract conditions and necessary contract conditions, and each of them has been reviewed according to the famous jurists, civil law, etc. In the end, he examined the conditions included in the contract, which have the ability to be independently bound, and divided the discussion into the following four forms according to the different conditions of permissibility or necessity of the contract and condition. 1- Both the contract and condition are necessary; 2- Both the contract and condition are permissible; 3- The contract is necessary and the condition is permissible; 4- The contract is permissible and the condition of the contract is necessary
Machine summary:
"Sayyid Mohammad Kazem Tabatabai writes in this regard: "It is necessary for us to mention the necessity of a contract of attorney if there is a condition for it to be non-dismissal, and it is necessary for us to mention that it is not necessary for me, as far as the contract is concerned, it is permissible if the condition is also permissible, so it is not necessary and the lawsuit is not if there is a condition. If there is no dismissal, then there is no possibility of rescission, even if the contract is valid and the condition is executory. If the assumption of the necessity of the condition is based on the necessity of the contract, then the contract is not bound by this condition. Compliance with what is used in the famous words of jurists, the reason is only the permissibility of the contract itself and the necessity of compliance and subordination of the condition.Rather, Seyyed Mohammad Kazem Tabatabai said that there is no reason for this opinion other than what was mentioned. The truth is that this rule has been used abundantly in the arguments of jurists, but Seyyed Mohammad Kazem Bai only follows the famous evidence, and Sahib Jawahar's statement in this regard, which explicitly argued against Mukhtar with the above rule, was mentioned recently. And in Riyad he says: "The conditional terms in Mudarabah are not necessary, but permissible. Yaz al-Kal al-Mahma, refer to the original, without any objection.