جستجوی مقالات مرتبط با کلیدواژه "revocable contract" در نشریات گروه "فقه و حقوق"

The meaning of the word "Wa'de"(meaning promise) in the legal term and its semantic similarity or difference with the concept of "Wa'id"(meaning is promised) is one of the controversial issues among the jurists. This term is used in the Iranian rules only in Article 1035 of the Civil Code and in relation to the "promise of marriage". Therefore, disagreements about the meaning of "Wa'de", has led the jurists to offer different interpretations about this word. The purpose of this research is a careful study of the meanings of these two words: "Wa'de" and "Wa'id", expressing different opinions and trying to choose the correct meaning of these words. Finally, the effect of this disagreement in meaning on the manifestation of different interpretations of Article 1035 of the Civil Code has been examined and the more accurate interpretation from the above words is presented and explained. This article is a descriptive-analytical research and its information has been collected by library method. The results have shown that, first, "Wa'de" as a simple meaning of promise is a distinct concept from commitment and lacks a binding elements; Second, based on this explanation, the sentence of Article 1035 of the Civil Code including that the promise of marriage is not binding, is restricted to the cases of "mere promise" to the marriage and does not include the cases that contain the commitment of the parties to marry in the future.

Jurists and lawyers allocated the Right of rescission- that it is rule of general contract law - to the irrevocable contract. This means legal acts lacking in " contractual " and " irrevocable " characteristics do not entail Right of rescission . Adherent of the opinion have provided reasons to proof and strengthen their opinion which to have been accepted by the majority of the scholars of this science . on the other hand a group of jurists and lawyers has argued that right of rescission in revocable contracts shall not impossible or unlikely .. This group have given reasons for its opinion .This article is an attempt to understand whether the right of rescission is applicable to revocable and even quasi-irrevocable contracts. It will review, analyze and examine the mainstream reasonings while considering the counter-arguments . Key words: Right of rescission, Revocable contract, Quasi-irrevocable contract, Revocation of quasi-irrevocable contracts

The parties can stipulate the “consideration clause” in the most gratuitous contract. Lawyers believe, with the stipulation of this clause, the gratuitous contracts don’t become a consideration contract, but this clause is effective on the nature and consequences of the contract. In this article, we have studied the effects of the consideration clause in the donation, as a most important of gratuitous contracts. The review of the specific provisions governing the donation with consideration shows that a certain basis that would justify these provisions, is not expressed in the legal and Feq books. The provisions governing donation with consideration, especially the irrevocability of this contract, can be explained and justify on the basis of the “Mutuality of obligations” theory. According to this theory, the stipulation of the consideration clause, in some forms of it, causing the mutuality of obligations in a donation and resulting donation with consideration to be irrevocable.

There have been various ideas and opinions by jurisprudents and lawyers regarding the conditions of the revocable contract. One of the conditions that may compromise the parties to this contract is the requirement of time. This condition may be indicated in the text of the revocable contract، in the condition of this contract or be separately brought in other contracts. Some believe that these conditions are absolutely void and ineffective; others consider invalidity as a condition-oriented factor only and don’t specify it to contracts. However، according to others، the terms of the contract are those inserted in the type of contract، and therefore if the contract is necessary، its condition is necessary too، and if the contract is revocable، the condition in the realm of natural appropriateness and main contract will be valid and binding. Considering the modern and early jurisprudents'' opinions and views on various types of contracts and different lawyers in various revocable contracts، the condition of time inserted in revocable contracts، seems not to be absolutely enforceable. However، the inclusion of such condition، provided that such contracts are not broken، is valid. Intransigence and will of the main parties in signing contracts and its impact on the spread and reduction of the scope of the commitments، however، should not be ignored، even though the obligations of the contract are revocable. Because having accepted the rule of law in Article 10، and the commitment to respect the will، the legislatore ensures such commitments.