چکیده:
One of issues which is worthy to study in unilateral contracts as they are unilateral is possibility or impossibility of inclusion of conditions within unilateral contracts. Not only is the civil code of Iran silent about this subject but also is it being debated from the Islamic jurisprudential view. A unilateral contract which has been included a condition is called a conditional unilateral contract or a unilateral contract is coupled with a condition which should not be mistaken with suspended (executory) unilateral contracts. Meanwhile the present note determines the concept of conditions it has explored the possibility or impossibility of inclusion of conditions within unilateral contracts. After revoking the opponents’ evidences of conditional unilateral contracts، it is revealed that contrary to some Islamic jurists (fuqaha)، conditions within unilateral contracts are possible and has no disagreement with the nature of unilateral contracts and their effects. The conditions within unilateral contracts with regard to the principle of free choosing of conditions are included within the generality of the evidences of conditions and cannot be said that unilateral contracts are simple matters which cannot be imagined the inclusion of conditions within them.
خلاصه ماشینی:
Among the issues that are worthy of investigation in iqa'at as iqa'at is the possibility or impossibility of including a condition within unilateral acts; a complex matter that is not only left unaddressed in the Iranian Civil Code but is also a subject of dispute from a jurisprudential perspective; because due to the intense disagreement among jurists, there is no definitive ruling regarding it.
Fourth Reason: The Impossibility of Restoring a Non-Existent Matter The apparent meaning of the concept of a condition is that the subject matter (mashrut fihi) - that which the condition is part of - causes the establishment and creation of a matter in the world of اعتبار (legal اعتبار), such that if the mashrut-alayhi (the one against whom the condition is set) refuses to perform the condition, the mashrut-lah (the one for whom the condition is set) can, by exercising his right of khiyar (option), dissolve the established and existing matter in the world of اعتبار; whereas in unilateral acts (iqaa'at) such as divorce (talaq), manumission (itq), and discharge (ibra'), according to customary perception, this is not the case; because these types of unilateral acts themselves cause the dissolution and disruption of an established matter in the world of اعتبار.
6. Contrary to the opinion of jurists such as Na'ini, Hakim, and Imam Khomeini, a condition within a unilateral act (iqā') is a possible matter that does not conflict with the nature and validity of the iqā'; for although the realization of a condition requires the existence of two parties, the "beneficiary" and the "obligee," this does not necessitate that the subject matter and locus of the condition also be based on two persons.
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