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