Abstract:
Among the topics discussed in jurisprudence and civil law is the determination of a fixed criterion for recognizing whether a transaction is single or multiple. Given that the elements of a transaction consist of the subject matter, the parties, and the offer and acceptance, the question arises: which multiplicity among these elements can lead to the multiplicity of the transaction and impose the effects of multiple transactions upon it? By examining jurisprudential and legal sources and inducing opinions presented in this regard, four perspectives can be recorded and categorized: multiplicity based on the subject matter of the transaction (the two considerations); multiplicity based on the parties; multiplicity based on the offer and acceptance; and finally, multiplicity based on time in temporal contracts. Jurists and legal scholars have reached a consensus on the multiplicity of a transaction based on the multiplicity of its subject matter, while their disagreement lies in the other elements. It seems that in this regard, custom (Urf) can be utilized, and the multiplicity of all elements can be considered influential; because custom in transactions requires that the multiplicity of each element be effective in its multiplicity. Accordingly, in cases where the transaction is single due to the unity of its elements, it does not dissolve into multiple contracts; rather, with the dissolution of one part, the other part also ceases to exist. However, if the transaction is recognized as multiple based on the subject matter, the parties, the offerors/acceptors, or time, the rescission of one part has no effect on the other part, which remains valid. On this basis, will (irada) can also be considered a cause and factor of the multiplicity of the contract. Iqa' is also consistent with the contract in this regard.
Machine summary:
Scientific-Research Dual Journal Fourth Year, Number 8, Autumn and Winter 1399 A Jurisprudential Study of the Criterion for Multiplicity of Contract and Unilateral Disposition 1 Ahmed Mortazi 2 , Roghaieh Ghasemi 3 Abstract Among the topics discussed in jurisprudence and civil law is the determination of a fixed criterion for identifying whether a transaction performed is single or multiple.
Accordingly, in cases where the transaction is single due to the unity of its elements, it does not dissolve into multiple contracts; rather, with the dissolution of one part of it, the other part also ceases to exist; but if the transaction is recognized as multiple based on the subject matter, the parties, the offer and acceptance, or the time, the rescission of one part of it has no effect on the other part, which remains valid.
3 In this case, it makes no difference whether the offer, acceptance, and the parties to the transaction are one or multiple; for example, in a sale transaction where one seller and buyer have formed a single offer and acceptance, an apartment inside the country for the price of one hundred million Tomans and a villa in one of the neighboring countries for the price of one million dollars in a single contract Maraghi, al-Anawin al-Fiqhiyyah, Vol. 2, p.
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