Matin Research Journal

Matin Research Journal

suspension in composition and Suspension in essence with an approach to the view of Imam Khomeini

Document Type : Original Article

Authors
1 Associate Professor, Department of Law, University of Guilan
2 PH.D student university of guilan
10.22034/matin.2025.433781.2235
Abstract
A suspended contract is a contract that depends on another matter depending on the subject of the investigation or its effect, and it is divided into two types of suspension in creation and suspension in essence. They have different rulings and effects in such a way that the proponents of the validity of the suspension in the origin consider the suspension in the composition to be impossible, and the supporters of the validity of the suspension in the composition consider the suspension in the origin to be invalid. In this article, while getting to know the nature of the suspended contract, relying on the late Imam Khomeini's view, types of suspension are examined. In this article, it will be shown that in the opinion of Imam, the necessity of referring the suspension to the origin is the present possession and the suspended property at the same time .an essay that is complete and correct according to the claim of Sheikh Ansari, if the condition is not met, it has no meaning is imagined for it, and a complete essay without an effect is intellectually impossible. As a result, contract with a suspension at the essence is condemned to be void
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Articles in Press, Accepted Manuscript
Available Online from 29 April 2025