Jurisprudencial and Legal Contemplation on the Impact of Long-time Condition on Revocable Contracts

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Abstract

There have been various ideas and opinions by jurisprudents and lawyers regarding the conditions of the revocable contract. One of the conditions that may compromise the parties to this contract is the requirement of time. This condition may be indicated in the text of the revocable contract, in the condition of this contract or be separately brought in other contracts. Some believe that these conditions are absolutely void and ineffective others consider invalidity as a condition-oriented factor only and don’t specify it to contracts. However, according to others, the terms of the contract are those inserted in the type of contract, and therefore if the contract is necessary, its condition is necessary too, and if the contract is revocable, the condition in the realm of natural appropriateness and main contract will be valid and binding. Considering the modern and early jurisprudents' opinions and views on various types of contracts and different lawyers in various revocable contracts, the condition of time inserted in revocable contracts, seems not to be absolutely enforceable. However, the inclusion of such condition, provided that such contracts are not broken, is valid. Intransigence and will of the main parties in signing contracts and its impact on the spread and reduction of the scope of the commitments, however, should not be ignored, even though the obligations of the contract are revocable. Because having accepted the rule of law in Article 10, and the commitment to respect the will, the legislatore ensures such commitments.

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Journal of Studies in Islamic Law & Jurisprudence
Volume 6, Issue 11
January 2015
Pages 123-160

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