حكم اشتراط الخيار لغير المتعاقدين : دراسة فقهية مقارنة

Abstract EN

The contract when arrives into preparingstage and fulfilled it›s healthy and conditions, it will be correct and produce its effects.

effects.

The responsibility to be arranged betweenthe parties, each within the limits ofhis obligations and within the framework ofhis duties towards others, but, with all theopportunities available to the contractingparties, such as deliberation and thinkingabout expressing their will correctly, the juristssaw that there are circumstances thatsome of them refer to the two contractingparties, such as decrease of vision or a decreaseof capacity, that do not give the fullresult of the contract's entry into force andgiving it the final result.

As if the contractwas concluded by the person, when the necessityof the contract would cease to permitthe one who has the capacity to givehim the capacity of necessity and to be fullyenforceable, so the intervention was necessaryas a mercy for the contracting partiesand a payment of deception and a preventionof unfairness that the Sharia forbade.

Therefore, in the contracts that occupy animportant position with the contractingparties and with the completion of the contractin its full form, one of them or them ora foreigner had the option to sign the contract or cancel it within a specific period oftime and this is called the option of the condition.