مفهوم ماهيت و آثار شرط انفساخ در حقوق ايران

The Significance, Nature and Concequences of Revocation Condition in the Iranian System

In Iranian law system, the article 264, spelling out the causes of the abrogation of obligations, does not refer to the principle of revocation condition. While in article 1234 in the French law, which has been a reference for the above mentioned Iranian article, this principle has been mentioned as one of the causes of the abrogation of the obligations. One can rightly assume that if such a condition is included in a contract for a transaction, it should not be inconsistant with Iranian law system. Taking this consistency condition for granted, questions arise as to what the underlying legal principles and nature of revocation condition are and whether the consequences of such a condition are retroactive or are targeted at future. This article seeks to analyze the significance, nature, scope, and the consequences of the revocation condition.