نوع مقاله : مقاله علمی ترویجی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرمشناسی
2 کارشناس ارشد حقوق خصوصی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The condition of corollary is considered as a noticeable subject in the law of contracts and has more complicated discussions among the kinds of conditions. The condition of corollary enables the parties to include in the contract in the form of condition the result of a legal action, including a contract and a unilateral transaction or a special legal action, and by mere laying down the condition without any need to another conclusion, the intended legal action or result can be achieved. If the condition of corollary doesn’t meet the public conditions of validity or the occurrence of the legal action or the law require special conditions and causes to achieve the intended result, the condition of corollary is void and the issue of its consequences is raised. The lawyers see the consequence of nullity of the condition of corollary as creation of the right of revocation for the person for the benefit of whom the condition is laid down, so that in the cases of nullity of the condition of corollary the revocation option can be considered as the principal rule. In addition, whenever nullity of the condition of corollary transmits to the goods or one on of the elements of the contract, it leads to nullity of the contract, and if the person for the benefit of whom the condition is laid down was aware of its nullity or has waived his right to revocation, the nullity of the condition would have no effect on the contract. On the other hand, the parties can substitute in the contract another guarantee such as compensation for the legal consequences of nullity.
کلیدواژهها [English]
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