Legal status of a suspended contract with a commitment to creation of suspension act
If the contract is suspended and there are obligation to fulfill it, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract. In other words, the failure to comply with the suspension will not necessarily lead to a void or,...
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| Format: | Article |
| Language: | fas |
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Semnan University
2020-03-01
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| Series: | مطالعات فقه و حقوق اسلامی |
| Subjects: | |
| Online Access: | https://feqh.semnan.ac.ir/article_4364_d1748c0343e7ac75e80ad753d86c382e.pdf |
| _version_ | 1797296419497836544 |
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| author | SEYED HASAN VAHDATi Shobeyri Mohamad Mehdi Hamidi |
| author_facet | SEYED HASAN VAHDATi Shobeyri Mohamad Mehdi Hamidi |
| author_sort | SEYED HASAN VAHDATi Shobeyri |
| collection | DOAJ |
| description | If the contract is suspended and there are obligation to fulfill it, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract. In other words, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract . In this type of contract despite the existence of commitment to creation of condition first: there is no need to mention the length of time that the condition should take place and commitment to creation of condition prevent contract to be a risky and aleatory contract. Secondly, after the expiry of the term and the non-fulfillment of the condition, By economic analysis of the transaction and the implied willingness of thecontract’s parties, one can infer that there is no need for the termination of the contract in the infinitive sense and postpone the continuation of the contract or the termination of it on the will of the party in whose favor the condition of contract is created. |
| first_indexed | 2024-03-07T22:04:27Z |
| format | Article |
| id | doaj.art-979634099bdf4c228c68101c2975698a |
| institution | Directory Open Access Journal |
| issn | 2008-7012 2717-0330 |
| language | fas |
| last_indexed | 2024-03-07T22:04:27Z |
| publishDate | 2020-03-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj.art-979634099bdf4c228c68101c2975698a2024-02-23T23:19:58ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302020-03-01122239541210.22075/feqh.2019.14932.15984364Legal status of a suspended contract with a commitment to creation of suspension actSEYED HASAN VAHDATi Shobeyri0Mohamad Mehdi Hamidi1Associate Professor of Private Law, Qom University, Qom, IranPhD student in Private Law, Qom University, Qom, IranIf the contract is suspended and there are obligation to fulfill it, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract. In other words, the failure to comply with the suspension will not necessarily lead to a void or, more specifically, to termination of the contract . In this type of contract despite the existence of commitment to creation of condition first: there is no need to mention the length of time that the condition should take place and commitment to creation of condition prevent contract to be a risky and aleatory contract. Secondly, after the expiry of the term and the non-fulfillment of the condition, By economic analysis of the transaction and the implied willingness of thecontract’s parties, one can infer that there is no need for the termination of the contract in the infinitive sense and postpone the continuation of the contract or the termination of it on the will of the party in whose favor the condition of contract is created.https://feqh.semnan.ac.ir/article_4364_d1748c0343e7ac75e80ad753d86c382e.pdfsuspensionsuspension acttermination clauseinfinitive meaning of contractresulting meaning of the contract |
| spellingShingle | SEYED HASAN VAHDATi Shobeyri Mohamad Mehdi Hamidi Legal status of a suspended contract with a commitment to creation of suspension act مطالعات فقه و حقوق اسلامی suspension suspension act termination clause infinitive meaning of contract resulting meaning of the contract |
| title | Legal status of a suspended contract with a commitment to creation of suspension act |
| title_full | Legal status of a suspended contract with a commitment to creation of suspension act |
| title_fullStr | Legal status of a suspended contract with a commitment to creation of suspension act |
| title_full_unstemmed | Legal status of a suspended contract with a commitment to creation of suspension act |
| title_short | Legal status of a suspended contract with a commitment to creation of suspension act |
| title_sort | legal status of a suspended contract with a commitment to creation of suspension act |
| topic | suspension suspension act termination clause infinitive meaning of contract resulting meaning of the contract |
| url | https://feqh.semnan.ac.ir/article_4364_d1748c0343e7ac75e80ad753d86c382e.pdf |
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