جستجوی مقالات مرتبط با کلیدواژه "عقد رهن" در نشریات گروه "علوم قرآن و حدیث"

The option condition (Khiyare Shart) is a type of right to terminate a binding contract for a specified period, which is formed based on the consent and will of one or both parties or a third party, as stipulated in Article 396 of the Civil Code. The application of the option condition is valid in many contracts, and most Imami jurists have accepted the permissibility of including the option condition in the mortgage contract. The Iranian Civil Code does not explicitly mention the possibility of including the option condition in the mortgage contract. However, based on Article 456 of the Civil Code, which refers to the application of the option condition in all contracts and only considers the three options of  (Majles), animal, and delay in price (takhire Saman) as exclusive to sale, one can discover the positive view and response of the legislator to this issue. The outcome of the present study, which has been organized using a descriptive-analytical method, is that based on reasons such as the lack of legitimacy of the option condition in the mortgage contract, its contradiction with the nature of the mortgage contract, its contradiction with the imperative rule (Qanune Amereh), and the practice of rational people (Sireh 'oqala) not to include the option condition in the mortgage contract, one can rule that the application of the option condition in the mortgage contract is invalid.