Jurisprudential-Legal Analysis of the Optional Reduction of the Provisions of an Unenforceable Contract at the Time of Enforcement

Articles in Press

Document Type : Original Article

Author

• Alborz Mohaghegh garfami

Master's degree in Quran and Hadith Sciences, Razavi University of Islamic Sciences, Mashhad, Iran.

10.22067/jfiqh.2025.91526.1897

Abstract

Some contracts are among the non-enforceable contracts that, upon enforcement, have legal effects. One of the branches of jurisprudence related to these contracts is the ruling on the non-conformity of the enforcement with the provisions of the original contract. This research, using a descriptive-analytical method and using documentary sources, seeks to answer the question of whether the full conformity of the enforcement with the non-enforceable contract is necessary for the ruling on the validity of these contracts or not? The scope of the research is limited only to the non-conformity in the form of a partial opposition to the reduction of the provisions of the contract. The alleged and possible views on the reduction of the components include: absolute permissibility, impermissibility and permissibility subject to the customary view on the separability of the contract. Regarding enforcement by reducing the conditions, the following four views can be evaluated: nullity, permissibility in an absolute way, elaboration between the conditions in favor of the enforcer or the original, and permissibility subject to the customary rule on the separation between the contract and the condition. After criticizing and explaining the shortcomings of each of these seven approaches, the selected perspective is organized based on the principle of the effectiveness of the personal will of the parties regarding the subject matter of the transaction.

Keywords

• Enforcement
• part
• condition
• non-compliance with the contract is invalid

Main Subjects

• Civil jurisprudence

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