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

 

obligation on the abstract world

obligation on the abstract world (Part  two)

well,Until now realized that obligation that contract parties are bound to it
But you might be asking
What is the reason for the survival of the obligation?
as mentioned before
words forming the Contract have been destroy
As well as will of the parties
Even parties also will die after a while
What's happening to the conventions and obligation?
after the contract is formed
And It lost cause
Is the contract disappears?
when Building built a house And abandons it and goes

But not building collapse
What makes the survival of the building
Of course, the mortar between the bricks of the building would have strengthens & survival its
building contract mortar is the same communication between offer and acceptance

Click to view Persian text

obligation on the abstract world

obligation on the abstract world (Part I)

 

Imagine a hot afternoon you've gone shopping in clothing store and bought a shirt
And when he was come home
  You regret buying T-shirts
What makes you still stay on your shopping
Of course, you can win the consent of the seller to reclaim shirt
But you can not terminate the contract unilaterally

And if forced to return to the seller shirt
And to force your money out of the safes seller
Surely punished

Others blame you and they tell you
You should remain on contract
Why?
Why should you be loyal?
You said "I bought this shirt," the clerk said "I sold the shirt."
And the end
The words do not exist now.
If you say must be loyal to the will of contracts that existed when buying
The answer is that
the "will" be the moment of contract
And now does not exist
In addition
If today I buy a house
What reason is there to hold my children contract
While the person is dead
Can not wills
And my will Is not considered my children's will

However  what we hold convention
The correct answer is: to obligation
obligation abstract creature
That is not there in reality
like mountains
nor in the world of mind
Such as justice
It is a creature that person in their dealings assume it

 

about Retrofit

OK, you want to know what's Retrofit.

in this case several desired

1. Retrofit means Maintenance contract
in the other words

Owner Right of xiyar can Releases contract or does not cancel it.

But It is not true Because If person able (have power) that rescind the contract Can also doesn't do it

So with word "Removal"  It is understood The power of on each of
Removal and retention
in this case Write the word "Retrofit" Will be canceled and useless

2. Retrofit means obligate contract

that, Owner Right of xiyar can  obligate contract or rescind the contract

you may ask here" What is the purpose of obligate contract"

and I will say"There are two answers
One critical
The other helpful"

1. Some have said"obligations is waiver of xiyar

therefore xiyar means able that waiver of xiyar or rescind the contract.

for example : if you ask of me "what's a night?" i answer "when the morning is not"

and again you ask of me "what's a morning?" i answer " when the night is not"

The answers not helpful

because

did not tell us new article

just repeating his words

my definition was wrong and unseasonable
like
The definition that was given to xiyar

 

2. Help answer that obligations is completion of contract like Baking bread dough
in the other words Contract along with a xiyar is shaken
Whenever disappears
But with the obligations,The contract of the instability becomes to stable

Retrieved from Ayatollah Javadi's Excellent Teaching feqh

 

what's xiyar

meaning of right of xiyar

what's xiyar?

some of Jurists in Mohammedan law as Fakhr al-Muhaqqiqīny say xiyar is ownership of rescission (repudiation) of contract

so on the one hand Existential, and on the other hand Be absence

and                                                 

some  as owner of javaher book say xiyar is Retrofit contract and Removal that so unlike previous
both sides Existential

I'll give an example:
There is Unfinished building on the road and you want to decide that
destroy it or
Release it

This is the same first definition

so The first Decision is action and The second Decision is Omission

 

but if you want to decide that
destroy it or completing building

that is second definition

while both decides is action

 

 

         which one's correct?

 

Click to view Persian texth