The Suspended Contract in Civil Law and the Impact of Suspension in Circumstances of Validity of the Contract

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Abstract

Contract is one of the legal actions with very high usage, which is a means for Legal transfer of property and for providing supplies of individuals and ultimately of human societies and it has been developed and diversified coincide with the increasing of the capital and complexity of the economy. For studying contract in details, it's needed to be divided because of its extensiveness and diversity, because the short life of human beings does not give them opportunity to study non-specialized matters. Therefore, there are so many classifications of contract that given by legislature, jurists and lawyers and in all classifications, there is a kind of contract that called suspended contract which states about the suspension in the composition, the suspension in the origin and …about event, definitive or contingency, circumstances of validity of the contract and use of suspended contract and … is controversial. Suspension and its impact, which can be said that it is the same suspension at the origin, is accepted by Iranian law. Except Marriage and divorce that suspension is not applicable in them, the existence of two principles, transportation of obligation to liability which is not obligatory ("dhiman-e ma lam yajib") in a liability (dhiman) contract, given by Legislator.

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Journal of Studies in Islamic Law & Jurisprudence
Volume 6, Issue 11
January 2015
Pages 191-210

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