چکیده:
Making it easy to meet the legal requirements of the society is an expediency that has a special role in satisfying the essential and general requirements of the contracts. Meanwhile, a number of lawyers, innovating a new theory called “the hidden expediency of the contracts”, believe that the hidden expediency plays an essential role in recognition of the requirements of the contract. Therefore, the present article first analyzes the role of expediency in the emergence of the requirements of contracts. Next, it reviews the viewpoint of the hidden expediency. The results show that expediency both is the reason for making elementary and secondary rules and has a central role in the actualization of the new contracts and the formation of essential and general requirements. Resorting to the essential expediency of the contract and its presumed continuity in the case of doubt is a legal solution to recognize the requirement of the contract which is considered as the main solution by the Imamiyyah jurists. The solution of the hidden expediency, if it is meant the same contracted essential requirement, is not a new matter; rather, it has been referred to earlier by the jurists. However, if it is a flowing and unstable matter that changes over time it cannot be a way for recognizing the essential requirement of the contract, because it changes the nature and the essence of the contract.
خلاصه ماشینی:
Professor, Faculty of Theology, Ferdowsi University of Mashhad, Mashhad, Iran (Received: 2019/01/28; Accepted: 2019/03/19) Abstract Expediency plays a special role in realizing the inherent and absolute requirements of contracts by easily and smoothly providing the legal needs of society.
The research results indicate that expediency, just as it is the cause of establishing primary and secondary rules, plays a pivotal role in realizing new contracts and shaping their inherent and absolute requirements.
Investigating the expediency of the emergence of contractual requirements and explaining the theory of common expediency helps researchers in jurisprudence and law in the field of recognizing the inherent and absolute requirements of contracts so that they can examine it with a specific criterion and apply it in other cases.
From the previous discussions, it was concluded that jurisprudence moves with the needs of society, and the early jurists also emphasized that if expediency necessitates the emergence of new contracts and brings them into existence, jurisprudence has a solution for facilitating social affairs and removing them, and among these issues are matters related to transactions.
Rather, this capability exists according to the acceptance of that theory as well, but it does not have the ease of the opposing theory; The Role of Expediency in Shaping the Requirements of Essence and Generality of Contracts It was stated that removing social needs in the dimension of transactions is one of the very necessary issues.
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