أثر تخلف الشرط الصحيح على لزوم العقد : دراسة فقهية مقارنة على عقود المعاملات المالية

Abstract EN

This research tackles the impact of the loss of right conditions on the indispensability of the act.

despite of the difference that is between jurists in measurement of the right conditions, we can classify them according to their viewpoint on the impact of their loss on the indispensability of the act into two parts.

the first, the right conditions that we couldn‟t oblige on, this kind has an impact on the indispensability of the act by agree of jurists.

the second part are those we can‟t force on, the jurists have two opinions in the matter; “elhanafiyeh” and “elmalikiyeh” said that it doesn‟t affect the indispensability of the act but who handles those condition could be obliged to fulfill them.

while “elshafїyeha” and “elhanabileh” said to not be forced on, the other has the right in abolishing or keeping on the act.