terminology

5.tradition: [sonnat] Arabic , ,means in fiqh: Action & hardware & Signature and stressed from the Prophet of Islam Muhammad (peace be upon him) and the Imams (peace be upon them)

terminology

3. islamic explicit text: Shia jurisprudence has four sources ,that Fiqh gain his scientific arguments from the resources. Contains:
Quran (book) - Hadis (traditions) - the principles of reason ( intellect) - the consensus of jurists ( Consensus)

Of these, only Quran and Hadith are verbal reasoning or in other words Islamic explicit text and consensus and intellect are rational arguments and do not follow a clear text.

terminology

4. Hadis: Arabic ,name ,means The words that have been narrated from the Prophet of Islam Muhammad (peace be upon him) and the Imams (peace be upon them)

web map

♦ contract law

◊ xiyar

√ meaning

1. what's xiyar?

2. about Retrofit

√ types

1.session of contracting

• part one

◊obligation

√meaning

1.obligation on the abstract world

• part one

• part two

♦ comparative

1.implied term or xiyar

♦ terminology

1.xiyar

2.zemme

3.islamic explicit text

4.hadis

5.tradition

implied term or xiyar

so,until now
We learned about the xiyar
But for more accurate recognition
it is necessary that we compare institution of xiyar with similar institutions in Common Law
And it is implied term.
In the common law
If the condition is expressed in the form of words
express terms called
But
If the condition is not explicit
obtained by the legal interpretation of the contract

implied term called

If the norm is given Conditions in the contract
Without the parties have stipulated to condition
It is called implied term by custom
If the rule of law to be imposed contract
Implied term by law called
Sometimes the court's complete contract
That is implied term by court

It seams
Like a train going back and forth between the two cities
xiyar traffic between
Implied term by custom  and implied term by law
Some terms have been taken from customs and people trading
As xiyar caused Defect

And some other conditions
  No exact position of the common people
However, are imposed on contract
  because
 existence Islamic explicit text that valid for Shiite scholars
such as xiyar session of contract
Such as legal text which has given a series of conditions

Taken from the book implied term written By Hossein Symayy Sarraf

click for see text farsi

the xiyar of contract session

the xiyar of contract session (part one)

now!!!
We want to know the types of xiyar
The first type of xiyar
xiyar related to Contract session

This requirement only applies to sales contracts
 until the parties to the contract have not left a contract session
in other words 'Not end the session'
This condition remains

for example
Mr. Black buys the house of Mr. White
After the transaction
Speak about an old friend
Mr. White and Mr. Black
  Until spoke about the contract of sale homes
Could terminate the contract
Even after they signed documents of sailing home
But when they started talking about an old friend
Finished session of contract
 

Another example
Ms. happy to phone his friend
"Are you selling your old refrigerator me"
Ms. happy Says
And after buy refrigerators his friend
Say goodbye and hang up the phone.
as a result
Finished meeting contract
And
Neither Ms.happy  nor her friend
Can not terminate the contract by xiyar of contract session

Clik for see farsi texts