A Reappraisal of Immediacy or lack of Immediacy of GHABN’s Option based on the view of Sheikh Ansari

Options of rescission is considered to be a deliberate liquidation of contracts and The GHABN’s option is also one of these types of Options. Due to the deadline for executing, the options are divided into three categories: Immediate options, options that have a specific deadline, and options that may be delayed. In this category, it is well-known that GHABN’s option is an immediate option. Considering the provision of Article 420 of the Iranian Civil Code on the immediacy of GHABN’s option, there is no doubt that the GHABN’s option will be immediate in law. Nevertheless, in Shiite jurisprudence, however, among the jurists, the Viewpoint of the immediacy of GHABN’s option is popular and some reasons have been given for it, but on the other hand some jurists have also chosen theViewpoin of lack of immediacy of GHABN’s option and have mentioned for that reason. The most important reason for the immediacy of the GHABN’s option is that the principle of FESADE FASKH and ESTESHAB. On the other hand, the most famous reason for the lack of immediacy of GHABN’s option is the principle of ESTESHAB and doubt in the Existence or absence of GHABN’s option