خيار تغذر تسليم در فقه اماميه

Termination of Contracts for Impossibility of Performance from Viewpoint of Shiite

From the earliest link: of Shiite Jurisprudence. the right to terminate a contract has been recognized as a remedy if the contract is no longer possible to he carried out. Two issues are, however, controversial between the Shiite jurists. The first issue is whether the impossibly cal performance could lead to the automatic termination or the contract or create a right for the aggrieved party to terminate the contract. The second issue is whether such a right is independent from other rights to terminate. In this article, first the instances where such right is provided will be discussed. Then the impact of impossibility to perform a contract on the contract will be discussed. Third, the independence or such a right parallel to other rights to rescind the contract will be discuses.