Legal-Juridical Study of Conditional Option in Unilateral Obligation

Document Type : Research Article

Authors

• Fakhruddīn Aṣgharī Āqmashhadī
• Bihzād Manṣūrī

10.22067/fiqh.v0i2.11101

Abstract

In civil law, khiyārāt (options or rights of withdrawal) is a topic concerning contracts. Also, in article 456 of civil law, khiyār is viewed as related to transactions. In statuary jurisprudence and law, there is little talk about cancelling unilateral obligation (īqā‘) on the basis of option of cancellation. Logically, the existence of most options is not compatible with the nature of unilateral obligation. The present article examines the possibility or impossibility of including the option of cancellation in unilateral obligation with respect to the statuary law and the viewpoints of the jurists and legalists and by rejecting the reasons for validity of condition of option in unilateral obligation, considers such a condition as invalid, although unilateral obligation should be considered valid.
Keywords: option of condition, unilateral obligation, cancellation, invalid.

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