چکیده:
If the contract is suspended and there are obligation to fulfill it, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract. In other words, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract . In this type of contract despite the existence of commitment to creation of condition first: there is no need to mention the length of time that the condition should take place and commitment to creation of condition prevent contract to be a risky and aleatory contract. Secondly, after the expiry of the term and the non-fulfillment of the condition, By economic analysis of the transaction and the implied willingness of thecontract’s parties, one can infer that there is no need for the termination of the contract in the infinitive sense and postpone the continuation of the contract or the termination of it on the will of the party in whose favor the condition of contract is created.
خلاصه ماشینی:
In such contracts, despite the obligation to create the suspended event, firstly, there is no need to specify a period within which the suspended event must be created, and the obligation to create it removes the contract from being considered gharar (uncertainty); secondly, if a specific period has been set for the realization of the suspended event, then after the expiration of that period and the non-realization of the event, through economic analysis of the transaction and the implicit will of the parties to enter the contract, one can conclude that a resolutory condition is not necessary for the contract in the source sense, and the continuation of the contract or the fulfillment of the resolutory condition can be left to the will of the party for whose benefit the condition was made.
In cases where the condition is explicitly stated or inferred from circumstances, the resolutory condition does not leave its effect, which is the dissolution of the contract, immediately upon the occurrence of the suspended event; instead, they allow for the possibility of forcing the obligor to fulfill the obligation despite the occurrence of the suspended event 1 (Amini, 1389: 87); for example, when in a contract of sale, the seller stipulates that if the buyer does not pay the price of the transaction within a specified period, the contract shall be dissolved.
B: Even in cases where (for example, in a sale with a condition of reservation of ownership) a period has been set for the realization of the suspended event, the intention of the parties in mentioning a period is more for determining the time of payment of the price or installments; in other words, the seller has waived the immediate nature of the buyer's obligation to pay the price, and it was never his intention that the contract should be rescinded upon non-payment of the price.
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