Surney and Criticism of Proofs of Nullification of Option of Condition in Unilateral Legal Acts

Document Type : Research Paper

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Abstract

The principle of sovereignty of will is taken into consideration in jurisprudence and law as one fundamental, significant principle. One instant of declaring sovereignty of will is the right to cancel the contract through option of condition. That the contracts are subject to the option of condition is easily accepted – though whether this is acceptable with some instants of contracts such as marriage, pious endowment, and liability is a matter of disagreement. When it comes to unilateral legal acts, however, one encounters some difficulties and obstacles inasmuch as a good number of jurists have intended to prove that they are not subject to this option. In addition to consensus, those jurists have argued some rational proofs some of which referring to the point that unilateral legal acts cannot be conditioned and some other to the point that they cannot be subject to option. The present research deals with the proofs of nullification and criticism of them.

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Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 2 - Serial Number 2
November 2013
Pages 209-231

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