نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
In accordance with the established theory of Islamic jurisprudence reflected in the Civil Code, the guarantees to enforce a condition in the event of a failure to perform it are to compel the person who has undertaken to execute the condition to do so and the right to rescission for the person in whose favour the condition is made. This article seeks to demonstrate that the above mentioned guarantees are not adequate, but on the contrary they sometimes cause losses. In order to remove this shortcoming, the theory of “Assessment of Condition” has been put forward. However, the theory is encountered by a number of juridical impediments. After addressing these impediments and establishing the theory, the effects of the theory will be considered in three different types of conditions
کلیدواژهها English
