چکیده مقاله
Options can be safely considered as one of the most important topics of contract law in Islamic jurisprudence and, accordingly, in Iranian law; Just as the jurists and legal experts have dedicated a part of their contract law books to it One of the chapters discussed in this topic is the realm of options, which famous scholars have assigned to necessary contracts This means that legal actions without the two attributes of contract and necessary are devoid of the existence of cucumber and cannot be a channel of cucumber Although those who hold this opinion have presented reasons to justify their opinion and they seem reasonable, but a close look at the reasons presented, the objections to it, the basis of options, the rules governing the rights of contracts and the certain principles of interpretation, the opinion It reinforces the opposite of the popular sayingIn civil law, options are one of the topics related to transactions Article 456 of the Civil Law stipulates: All types of options may be available in all necessary transactions, except for the option of the parliament and the animal and the delay of the price, which is specific to the sale , therefore, the aforementioned law considers the option to be special for the transaction If we understand the word transactions in this article in the general sense and includes contracts and iqaa, then the discussion of iqayari can be justified based on this article In jurisprudence and subject law, most of the writers have not considered the option of termination in iqaa permissible due to the illegitimacy of termination in iqaa and the fact that termination does not belong to the deceased, and some also claim consensus in this regard Contrary to the opinion of the majority and the opinion of the opponents, it is also a place for reflection and attention, and assuming the rules are followed, there is no conflict between the condition of the cucumber and the nature of the iqaa
کلیدواژهها
نویسندگان
Heliya Dapouyeh
Law student of Azad University, Lahijan branch
شیوه ارجاع
Dapouyeh, Heliya,1401,The role of option flow in events (contract rights),The 13th International Conference on Law and Judicial Sciences
ارائهشده در
مجموعه مقالات سیزدهمین کنفرانس بین المللی مطالعات حقوقی و علوم قضایی22 اسفند 1401