Abstract

According to the principle of will power or will dominance and the principle of freedom to contract which have been manifested in the article number ten of the civil code the will power of individuals dominates the regulations of closing a contract and its after effects and the freedom of will power here has gained the acceptance as a principle. By closing a contract by two free wills that contract becomes binding and according to the binding principle or provision in contracts the sides of a contract will be committed to carry out the terms and content which is inserted in a contract unless it becomes terminated with by the volition of the sides of the contract themselves or due to a legal cause. Since according to the principle of freedom to contract its sides can shun from closing any contract which is an obvious violation of law, due to the same reason they can also take into consideration any condition or term which isn’t an obvious violation of law and according to the principle of binding ness of contracts the sides of them and their vicars are bound to execute the conditions which are stated in it. One of the conditions of contracts which can be considered is the condition of stipulation.

In the present study in addition to scratch the surface on the subject of stipulation in contracts it is expected that the theoretical aspect of the essence of stipulation gets evident, the view point of Islamic jurisprudence and the legal proceedings become stated and the issue that stipulation is claimable under what conditions and in what manner. By carry out a comparative study we get aware of the views in several legal systems toward stipulation and also its position in the private international law and the latest changes in the domain of stipulation specifically ones which are presented at the international level.

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