جستجوی مقالات مرتبط با کلیدواژه « تقایل خیار » در نشریات گروه « فقه و حقوق »

Freedom of volition principle is concerned as one of the most important and fundamental principles in jurisprudence. One instance of expression of freedom of volition is right to terminate the transaction with option of condition. Performance of option of condition in contracts is simply accepted، though in some instances of contracts such as marriage، devotion and guaranty there are disagreements، the performance of option of condition in unilateral contracts has been countered with restrictions and obstacles and many of jurists aretry to explain the lack of option of condition performance in unilateral contracts. Famous view among companionsis the lack of penetration of option of condition in unilateral contracts. In addition to consensus، their reference is the wisdom aspects which some of them refereed to that; unilateral contracts utterly don’t accept the condition and some of them refereed to that; unilateral contracts don’t accept the special aspect of condition. In this study، the reasons of discomfit and their evaluation are explained.