Evaluating Legal Status of Inconsistent Possessions with Stipulation

  •  Arefe Emadi Baladehi    
  •  Javad Niknejad    


In our law, in both terms of analysis and legal principles, condition is not a part of consideration so commitment due to the condition cannot be known at the same level of main conventional commitments, but condition has a relative independence while it has dependence and communication with contract. In fact the condition is an independent undertaking which its survival has been depended to existence of contract by backbone of both parties not vice versa. The final purpose of both parties from obligation and undertaking is realization of contingent commitment; so a condition which its execution to be out of responsibility of one against whom the condition is made is null such as each non-executive commitment. Invalidity of impossible condition cannot be known lack of intention of both parties. Therefore the invalidity of impossible condition can be known abort of tradition and necessity of Gharar in the condition. The purpose of conducting this was evolution of legal status of inconsistent possession with stipulation and is bail of executing opposing transaction inconsistent with condition different according to this issue that legal inconsistent possession to be covenented or possessory contract.

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  • ISSN(Print): 1918-7173
  • ISSN(Online): 1918-7181
  • Started: 2009
  • Frequency: quarterly

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