كليدواژه :
شرط ابتدايي , collusion condition , مذهب , حقوق , وعده , قولنامه , قرارداد نامعين , شرايط صحت شرط , Condition , uncertain contract , شرط تباني , conditions of the correctness of condition , فقه , promise , primary condition , شرط , priliminary agreement , حقوق اسلامي , the condition while contract , شرط ضمن عقد
چكيده لاتين :
According to the article ten of civil law of Iran, those private contracts that were concluded by certain people and are not against law, are effective. Lawyers relate this article to the principle or the "Freedom in contract" by means of which they affirm the validity or uncertain contracts. In Islamic jurisprudence jurists and Islamic lawyers are of different opinions concerning the acceptance of the principle of non - restriction of contracts. The hypothesis of the present article is that one or the juristic foundations of uncertain contracts alongwith other foundations such as refereing to the proofs of contracts general, can he a proor for the validity and influence of primary conditions. To prove this the author first tried to pose the proofs of those who do not believe in such conditions and gave answere to the relevent objections in this regard. Then he propounded five proofs For the validity and effectiveness of primary conditions. At the end it is added that if primary conditions possess two sides and one bilateral contract, it is a kind of contract which can he other than the known contracts in jurisprudence and law, while possessing the general conditions of contracts. In this way other proofs of conditions like"believers should fulfill their conditions" can be a basis for the validity and ligitimacy of uncertain contracts.
