Keywords : Option condition between Islamic jurisprudence


Option condition between Islamic jurisprudence and positive law

Yasir.B.Alsbawy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 17 part 2, Pages 590-637

abstract

It may be the subject of an option clause of the traditional topics that dived under the dust of time, and where the word united commentators general law. But I preferred to discuss this issue, being of the topics that did not take them out, but some Arab laws, as is the case in the UAE Civil Transactions Law and the Civil Code of Iraq, considering that these laws are influenced by Islamic jurisprudence.
The option clause, the option decided Unlike base redundant nodes. The basic principle is that the contract if it meets the requirements of health and force, it became necessary for the terminal, so not either decomposition thereof may willingly individual. That it would be for both of them or either of them the right to terminate the contract without compromise or litigation. In this case, the contract is necessary. This is decided by the legislator Emirati explicitly in the text of Article (218) of the Federal Civil Transactions Act, which stipulates that "1. The contract is not necessary for the one contractual or both, despite his health and force if the condition has the right to its dissolution without compromise or charging 2. apiece boarding revokes if nature is a necessary condition for him or for himself the option of dissolution. " Because under this provision, the right of rescission, may be due to the fact that the contract is not required by its nature one of the contractors. The law stipulates that no sanction necessary for the satisfaction of defects hand. On the other hand, a lot of commentators Iraqi civil law directing arrows of cash to Iraqi legislature for its revenue requirement the option of a private legal provisions. Especially, as is the case in the UAE Civil Transactions Act, he may develop a general theory of the obligations associated with the treatment of conditions in decades. The latter sings for revenue provisions of the option clause.