The concept of Subsequent condition in French, Islamic and Iranien law

One of the most common clauses in the contracts is the subsequent condition also named as resolutory condition or dissolving condition. This clause can be inserted in all kinds of contracts including irrevocable and revocable contracts, named or unnamed, unless prohibited by a specific rule. Although the rules of this condition are not mentioned by Iranian civil code, but its detailed samples in this code indicate that automatic dissolving is as a general rule is recognized in all contracts. However, the contractual resolution of contact in the French legal system is regularized as condition résolutoire before condition suspensive in the frame of the mentioned suspended kinds of contract. Regarding nullity doubt of this condition from Islamic law`s point of view, this article intend to evaluate the arguments of advocates of invalidity and correctness separately. Considering the reason verdict for the legitimation of this clause, at least in exchangeable contracts, and its unique function in conclusion of different contract, and also having economic justification, as an evaluator for each argument, has ignored the arguments of invalidity, and regarding influence of French law over Iranian system and because of the lack of strong text in the Islamic law for correctness of this clauses, and by contrast, the existence of principle and similar institutions in the civil code and Islamic law specifically the generals rules related to correctness of conditions inside the contract, this article has considered this condition as correct.