نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Dispositions made by the party subject to an option (Man ʿAlayhi al-Khiyār) constitute a frequently encountered and practically significant issue. Such dispositions may either prevent the restitution of the object itself—such as when the object is destroyed—or may not impede its restitution, such as riding an animal or residing in a house. The latter type of disposition is not the subject of dispute and is considered permissible for the party subject to the option. With respect to the former type, however, if during the option period the party subject to the option undertakes dispositions in the object of the contract that conflict with the right of the option holder, and such actions are carried out with the seller’s permission, there is no objection to the validity and effectiveness of these dispositions; consequently, through such conduct, the option of the option holder is extinguished. By contrast, there is disagreement regarding the validity of dispositions undertaken by the party subject to the option without the permission of the seller. Relying on library-based sources and employing a descriptive–analytical method, the present study first outlines six viewpoints among Imāmī jurists, then refers to the opinions of the four Sunni denominations, and finally examines the issue from the perspective of the Iranian legal system. The study concludes that, according to the predominant view among jurists of the Islamic denominations and under Iranian Law, dispositions made by the party subject to the option with respect to the subject matter of the contract are permissible, and in the event that the option holder exercises the right of rescission, such dispositions are converted into a substitute (compensation).
کلیدواژهها English
