Rereading the scope of customer-specific options in the rule of

Amini, Mohammad; Aliakbari Baboukani, Ehsan; Tabibi Jebeli, Morteza

doi:10.22075/feqh.2026.40551.4477

Rereading the scope of customer-specific options in the rule of "loss of goods during the period of the option to terminate"; with emphasis on the Option of Defect and ineffectiveness of the knowledge of option owner

Articles in Press

Document Type : Original Article

Authors

mohammad amini ¹

ehsan Aliakbari Baboukani ²

Morteza Tabibi Jebeli ³

¹ PhD in private law, university of isfahan

² Associate Professor, Department of Ahl al-Bayt Studies, University of Isfahan

³ Associate Professor, Department of Law, University of Isfahan,

10.22075/feqh.2026.40551.4477

Abstract

Since termination requires intention, it is necessary for the holder of the option to be aware of the existence of such a right at the time of termination. However, in cases where the contract is terminated without one of the parties terminating it, the contract is terminated automatically. The legislator in Article 453 of the Civil Code refers to one of these cases (loss of property during the time of the discretion of one of the parties). The initial appearance of this article is that the legislator has followed Sheikh Ansari's view in introducing the powers of the mentioned rule, but a careful look at the article raises the question of whether it is possible to provide an extensive interpretation of the second part of the article and believe in all the powers of the right holder (even in the power to terminate the contract due to the existence of harm)? The result of this descriptive-analytical research is that the second part of Article 453 of the Civil Code can be interpreted broadly so that most customer-specific options are subject to the rule of "loss of goods during the period of the option to terminate".

Keywords

Article 453 of the Civil Codeو customer-specific options

Option of Defect

Knowledge of the Rightful Owner

loss of goods during the period of the option to terminate