موقف رد الثمن في بيع الشرط لتحقق الخيار في القانون العراقي و الفقه الإسلامي

Abstract EN

The importance of the subject lies in the fact that dealing with the contract has become a global phenomenon as it has spread in most countries of the world, as well as the multiplicity of legal formulas by which this contract is concluded, sometimes in the form of a sales contract and other in the form of a lease or a contract that entails a usufruct right or a right of use in (residential).

it is a complex contract that gathers more than one legal formula under its title, in addition to the multiplicity of rights and legal positions arising from this contract, due to the multiplicity of the legal nature.

the researcher concluded that the option of the condition is that one or both of the contracting parties stipulate for himself or for others that he has the right to terminate the contract or to sign it within the period specified for it.

such as marriage, and this option also does not take place in unnecessary contracts such as nakedness and deposit, and the option of the condition, like other options, must be terminated, as the fall of the option entails the necessity of the contract in some cases and its expiry in other cases.