The validity of the transaction in good faith in contravention of the prohibition on legal action

The condition of omission in the Iranian legal system indicate a contractual term by which a party to contract undertakes not to take an action. The purpose of this research is to identify the effect of this clause. In this regard, it must be remarked that the solution of annulment as stipulated Articles 454 and 455 of the Civil Code does not count as a general rule. Also, it must be noted that in property contracts, the issue of omission has raised a variety of conflicting positions on the part of the legal scholarship. This essay tackles the question of how we can approach the issue of omission as a condition in contracts without stepping into frustrating the contract. In so doing, a number of general principles will be invoked and discussed.