جستجوی مقالات مرتبط با کلیدواژه "violation of the condition of the act" در نشریات گروه "فقه و حقوق"

In everyday life, people undertake obligations in the form of conditions in a contract, one of the most important of which is the verb condition, which has many uses. According to the evidence of the conditions, it is obligatory for the defendant to comply with the provisions of the condition, but sometimes he may not fulfill his obligations and there is a violation of the condition of the act, and there are wide differences regarding the guarantee of its implementation. Therefore, the purpose of this research is to compare the guarantee of the implementation of the verb condition in Imami jurisprudence, Sunni jurisprudence and civil law. According to the famous Imami jurists, which has been followed by the civil law, the guarantee of the fulfillment of the condition of the act is primarily conditional coercion against the fulfillment of the obligation, and in case of excused coercion, there is a right of rescission, which today has limitations, but some believe that the right of coercion and the right of termination are contradictory, which has its supporters. Among Sunni jurisprudents, there are differences of opinion regarding the performance guarantee, some of them believe in the long-term theory of the performance guarantee, and some believe in the initial termination without the right of coercion.