Condition of Quantity (Legal and Judicial Analysis of Articles 355, 384, and 385 of Civil Law)

Document Type : Research Article

Author

• Abbāss Zirā‘at

10.22067/fiqh.v0i0.11095

Abstract

Quality condition is one of the terms of contract that the guarantee against its violation is the emergence of the right to cancellation for the party in whose favor a condition is set. Sometimes the quantity (miqdār) of the object of transaction is stipulated within a contract as its quality (ṣifat), but the guarantee for its execution in all instances is not the right to cancellation, because the quantity is a quality that is sometimes essential and regarded as part of the subject of the contract and sometimes
appears as peripheral. Influenced by diversified legal opinions in articles 355, 384, and 385 of civil law, the legislator has also expressed different rulings for violation of this condition; therefore, we see different comments among the legal experts and conflicting opinions in the judicial procedure. The remarkable point about the condition of quantity is the distinction of these three articles from each other and the application of the referents to them. This research tries to remove their ambiguity by means of delving into legal sources.
Keywords: condition of quality, condition of quantity, object of sale (mubī‘), option of cancellation, surrender, violation of condition.

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