Matin Research Journal

Matin Research Journal

The Executive Assurance for the Condition of leaving the Legal Deed in Imamia Jurispedency and Iranian Civil Law with an Eye on Ideas of Imam Khomeini

Document Type : Original Article

Author
Ph.D. student of private law, Shahid Beheshti University
Abstract
The credibility of condition for leaving the legal deed and its effect among jurispedents and lawyers is the subject of many deep technical and exploring debates. Considering the effects, the priority of obligatory decree on obligation of doing the condition is more popular. Also there are opposition ideas on non-priority of such decree. The obligation of the very condition in contract is another subject to consider which will be clear when the issue of obligatory decree is solves. But the more basic and important difference is over the conditional decree (legal condition and credit), the leaving of which is recommended. The theories of correctness, non-influence, and reject are three main ideas to be considered here with their respective reasons. The idea of non-influence seems to be more defendable than the two other ideas.
Keywords