چکیده:
The main issue investigated in the current research is the application of the rule of Eghtefar to the terms and provisions of contracts. The rule of Eghtefar, literally meaning "forgiveness," in legal terms refers to leniency in the conditions required for the validity of stipulations compared to those of the main contract. The present article is a descriptive-analytical study, and the mentioned subject has been examined using the library method. The results of the article indicate that, despite the predominant argument of civil law scholars regarding the applicability of conditions for the validity of the contracts to contractual terms, such an argument contradicts the rule of Eghtefar. In other words, the application of the rule of Eghtefar to contractual stipulations demonstrates that the criteria for the validity of stipulations do not necessarily follow the conditions applicable to the main contract. This study has substantiated the provisions of the rule of Eghtefar and highlighted its profound impact on the validity of contractual stipulations. In particular, it has been proved that the rule of compliance of stipulations with the condition of validity of the contract, which is considered an indisputable rule in the general rules of contracts, is contrary to the rule of Eghtefar, and this rule negates the rule of compliance of stipulations with the conditions applicable for the validity of the contract.
خلاصه ماشینی:
A New Look at the Rule of the Dependency of a Condition on the Contract in the Essential Conditions for the Validity of Transactions Based on the Rule of Igtefar / 2 Sahar Karimi 1* / Faezeh al-Sadat Saadatmandi 1: Assistant Professor of Private Law, Kharazmi University, Tehran, Iran (Corresponding Author) karimi_sahar@khu.
This is to the extent that Article 246 of the Civil Code of Iran stipulates that with the rescission (iqalah) of the contract, the conditions within it also become void, which has caused in Iranian law, when discussing this subject, to suffice by mentioning this point that the invalidity of the original contract, for one reason or another, will also cause the invalidity of the condition within it (Imami, 1393: 325).
1-2- Application of the rule of aghtifar to dependent conditions in relation to the essential conditions for the validity of transactions Reflection on the articles of the Civil Code shows that a condition, in the absolute sense of an obligation or an agreement, is not conceived to include all agreements, but rather is considered as a subordinate matter.
A: Application of the rule of aghtifar regarding the known and specified nature of the subject of dependent conditions According to Article 216 of the Civil Code, the subject of the transaction must not be ambiguous, except in specific cases where general knowledge is sufficient; in other words, the known nature of the subject of the transaction is mandatory.
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