چکیده :

Abstract: Contractual condition is a secondary form of obligations that is not independently stated in contractual document but nevertheless is a part of contractual provisions and adheres to the contract. Being a secondary obligation or its dependence on the contractual document does not change the nature of contractual condition. Contractual condition is a part of mutual covenant and as binding as the other contractual provisions of the transaction. The intention of legislators in listing the principal conditions of valid transactions in article 190 of Civil Code may have been to exclude ineffective (unrealizable) conditions from contractual obligations. However, the word transaction may not have been used for its specific meaning in the context of provisions under article 190. The question is now whether contractual condition should conform to the principal provisions of a valid transaction. Legislators discussed invalid terms in article 233 of Iran Civil Code. Section 2 of this article mentions indeterminate conditions but with the wording that is confusing, produces ambiguity, and raises a few questions. Is an indeterminate condition independently valid or invalid notwithstanding its effect on the contract? Is an indeterminate condition effective in a contract when it does not produce ambiguity in considerations? If it is effective, then, what effects does it have on the contract? What affect the waver of indeterminate condition shall have on the contract when it produces ambiguity in considerations versus when it does not? And, is waver of indeterminate condition possible? [Mohammad Reza Hussein Pour. Contractual Condition and its

کلید واژگان :

Keywords: Indeterminate Condition, Principal Conditions of Transaction Validity, Loss, Waver, Considerations



ارزش ریالی : 200000 ریال
دریافت مقاله
با پرداخت الکترونیک