The framework of option in juristic acts: comparative study in Ja'fari jurisprudence

Document Type : Original Article

Authors

1 PhD Student in Private Law. Faculty of Humanities, Sari Branch, Islamic Azad University, Sari, Iran

2 Assistant Professor of Law, Faculty of Humanities, Sari Branch, Islamic Azad University, Sari, Iran.

3 Assistant Professor of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran

Abstract

In law and jurisprudence (fiq’h), the basis, conditions, and duration of the option have been examined. The less discussed matter is the scope of the said option, which raises questions on its plausibility about unilateral juristic acts (Iqa’) and revocable contracts. In this research, by analyzing the basis of the option, it is proved that in principle the said option is possible in all types of contracts unless it is contrary to the contract’s quiddity. This option is not limited to irrevocable Contracts. In unilateral juristic act (Iqa’), because it is effective for two sides of the act, it is possible to use the option. Also, even though a revocable contract can be terminated at any time, its termination based on the option, due to its advantages and effects, justifies the use of the option in revocable contracts.

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Main Subjects

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Journal of Comparative Law
Volume 8, Issue 3 - Serial Number 15
October 2024
Pages 113-129

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History

  • Receive Date: 05 January 2023
  • Revise Date: 08 April 2023
  • Accept Date: 05 May 2023

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