The framework of option in juristic acts: comparative study in Ja'fari jurisprudence

Abstract

In law and jurisprudence (fiq’h), the basis, conditions, and duration of the option have been examined. The less discussed matter is the scope of the said option, which raises questions on its plausibility about unilateral juristic acts (Iqa’) and revocable contracts. In this research, by analyzing the basis of the option, it is proved that in principle the said option is possible in all types of contracts unless it is contrary to the contract’s quiddity. This option is not limited to irrevocable Contracts. In unilateral juristic act (Iqa’), because it is effective for two sides of the act, it is possible to use the option. Also, even though a revocable contract can be terminated at any time, its termination based on the option, due to its advantages and effects, justifies the use of the option in revocable contracts.

Keywords

• right of termination
• condition option
• contracts
• events
• unilateral of necessity