Can Credit Dispositions Contrary to the Condition of a Legal Act Be Considered Valid?
Rereading the Views of Imami Jurists on Dispositions Contrary to Condition in the Light of Contemporary Jurisprudence
The promotional scholarly session titled “Validity of Credit Dispositions Contrary to the Condition of Legal Act” in line with expanding new discussions in transaction jurisprudence and with the aim of rereading jurisprudential foundations of contracts and examining their relation with contemporary legal and economic developments, addressed proposing and critiquing new views in the field of legal act condition.
🔹Dr. Esfandiar Safari in this scholarly session, by critiquing the famous view of Imami jurists, emphasized that credit dispositions contrary to the condition of a legal act cannot be valid and enforceable, because it is incompatible with rational foundations and the principle of fulfilling conditions.
🏷He, by examining the opinions of Imam Khomeini (may his soul be sanctified) and other jurists, showed that existing theories on separating obligatory prohibition and positional invalidity need reconsideration. In his belief, accepting the validity of such dispositions practically allows the violator to breach the contract, and this matter is not compatible with contractual justice and jurisprudential logic.
View the full text of the news of the scholarly session:🔻









