Department of Jurisprudence and Fundamentals of Islamic Law, NT.C., Islamic Azad University, Tehran, Iran.
10.22034/ejs.2025.521683.2077
Abstract
Background and Aims: One of the conditions discussed by jurists regarding the validity of contracts and transactions is their fulfillment, which is opposed to suspension of the contract. One of the issues that is disputed by jurists is the issue of suspended contracts and transactions. purpose of the present article is to examine suspended contracts and transactions in jurisprudence. Materials and Methods: The present article is descriptive and analytical. The materials and data are also qualitative, and questionnaires were used to collect the materials and data. Ethical Considerations: In this article, the originality of the texts, honesty, and trustworthiness have been observed. Findings: Regarding the suspension contract in these cases, there are two views among jurists. Some jurists consider suspension in the creation to be correct, but suspension in the origin to be invalid, and some have the opposite opinion. Each of view. Among jurists, the dominant theory is the validity of contracts with suspension in the writing and they consider suspension invalid only in cases specified in the law, such as Articles 1068 and 699 of the Civil Code. Conclusion: By following their opinions, what was obtained is that the famous view of jurists considers suspension in the writing invalid, but they considered suspension in the origin and the subject of the origin correct; of course, there is also a contrary view to the famous one, who believe that suspension in the writing is correct and suspension in the origin is invalid.
Miri Gorji,S. M. , akhondi,S. and Moghtadaei,F. (2025). Jurisprudential Re-examination of Suspension, in Contracts and Transactions. Strategic Studies of Jurisprudence and Law, 7(3), 33-48. doi: 10.22034/ejs.2025.521683.2077
MLA
Miri Gorji,S. M. , , akhondi,S. , and Moghtadaei,F. . "Jurisprudential Re-examination of Suspension, in Contracts and Transactions", Strategic Studies of Jurisprudence and Law, 7, 3, 2025, 33-48. doi: 10.22034/ejs.2025.521683.2077
HARVARD
Miri Gorji S. M., akhondi S., Moghtadaei F. (2025). 'Jurisprudential Re-examination of Suspension, in Contracts and Transactions', Strategic Studies of Jurisprudence and Law, 7(3), pp. 33-48. doi: 10.22034/ejs.2025.521683.2077
CHICAGO
S. M. Miri Gorji, S. akhondi and F. Moghtadaei, "Jurisprudential Re-examination of Suspension, in Contracts and Transactions," Strategic Studies of Jurisprudence and Law, 7 3 (2025): 33-48, doi: 10.22034/ejs.2025.521683.2077
VANCOUVER
Miri Gorji S. M., akhondi S., Moghtadaei F. Jurisprudential Re-examination of Suspension, in Contracts and Transactions. SSJL, 2025; 7(3): 33-48. doi: 10.22034/ejs.2025.521683.2077