Journal of Studies in Islamic Law & Jurisprudence

Journal of Studies in Islamic Law & Jurisprudence

A Critical Blueprint about the Rules Governing the Quantity Condition and Effects of Its Infringement in the Iranian Law: Legislator's exemplification and expression of the general rule

Authors
H. Simaee Sarraf
A. khorasani
10.22075/feqh.2017.1884
Abstract
Sometimes the quantitative condition of transaction
subject-matter is deemed secondary and sometimes it is a
primary element of the contract. If the quantity that parties
have agreed upon is not consistent with the actual amount,
then problems regarding the legal status of the contract and
the rights and obligations of the parties come to play. Civil
Code (Articles 355, 384 and 385) and Deeds and Immovable
Registration Act (Article 149), have left the matter ambiguous
and deficient which by turn has made so many discrepancies
in the interpretation and construction of the aforementioned
articles. In order to find a solution to these problems, it is
required to distinguish between reality and the agreement, by
then, the answer shall be provided by referring to the fact that
whether the quantity condition falls within the parties'
agreement and the reality is in fact dissoluble or indissoluble,
by resorting to the general rule in each case. It has been tried
in this article to remove the vagueness of the statutes by
providing a general rule for the infringement of the
quantitative condition of the transaction subject-matter,
presenting the words of law to that rules.
Keywords
Contract
agreement
Journal of Studies in Islamic Law & Jurisprudence
Volume 3, Issue 6
Autumn 2012
Pages 109-128