Matin Research Journal

Matin Research Journal

A Comparative Study of Enforcement Guarantees for Stipulations in Contracts in the Opinions of Imam Khomeini and Iranian Law, and Their Foundations

Document Type : Original Article

Author
Research institute of Imam Khomeini and Islamic Revolution
10.22034/matin.2025.500041.2338
Abstract
Many current contracts in the daily life of citizens are often associated with conditions that their proper sanction protect the security of the market and the mental comfort of those related to the contract. In Iran's civil law, the sanction of qualificative condition, the right of option for the person in whose favor a condition is made and the sanction for the affirmative condition, is determined once generally obligation the person who is reponsible to perform a condition to do (Directly or through intermediaries), and in the next step, granting the option of termination to the person in whose favor a condition is made, elsewhere, only the option of termination for the person in whose favor a condition is made in the lease contract, which by canceling the feature, it can be extended to other contracts, Both regulations are documented by a jurisprudential opinion. But Imam Khomeini, by rejecting both opinions and their basis and arguments, by referring to the procedure of wises, believes that violation the affirmative condition Within a contract causesthe right of choice for the person in whose favor the condition is made in obligation the person who is responsible to perform the condition, or contract termination.
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Articles in Press, Accepted Manuscript
Available Online from 08 November 2025