The Study of Validity and Nullity of Contract of Waiver of Guarantee for Non-Realized Option

Although the validity of contract of option’s waiver after emergence of option isn’t consensus by Juris consults and surely the content of 448 article of civil law must be observed to the validity of contract of option’s waiver after emergence of option, But the issue of validity and nullity of contract of waiver of guarantee for non-realized option has conflicted intensely among Juris consults and in this case contradictory opinions have raised. The contract of waiver of guarantee for non-realized option means that parties of waiver of option enter to agreement before its emergence–whether before contract or meanwhile contract or after the contract- with one of the methods of waiver of option. Theories of Juris consults in validity and nullity of contract of waiver of guarantee for non-realized option haven’t been evaluated by researchers but sometimes in admit of juridical topics it have only done an incomplete discussion about a special option for contract of waiver of guarantee for non-realized option. Therefore recent research have studied the validity and nullity of contract of waiver of guarantee for non-realized option and also the content of 448 article of civil law, on the strength of descriptive method and inference of Imamieh juridical texts and achieved to this result that contract of waiver of guarantee for non-realized option and also the content of 448 article of civil law, is valid according to the statement of the selected theory of research and it is void according to the statement of other Juris consults theories.