Research and development in private law

Research and development in private law

Analysis of the Necessity of Accordance of Offer and Acceptance in Terms of Contract

Articles in Press

Document Type : Original Article

Author
Hamed Khubyari
Ph.D. at, private law, Isfahan University, Isfahan, Iran.
10.22034/jpl.2025.2069809.1234
Abstract
Imamiyya jurists and Iranian Lawyer consider the will of the creator to be the cause of the creation of a valid entity and consider it impossible for the effect (contract) to violate the cause (intention). Therefore, they have proposed the rule of "contracts are dependent on intentions". The compliance of a contract with intention can be examined from various angles, including the subject matter of the contract, its effects, the parties, and the conditions contained in the contract, all of which fall under the heading of conformity of offer and acceptance. Among the above issues, the impact of contractual terms on the contract and subsequently the position of the terms in the parties' intentions has been a source of concern. Some have considered compliance with the condition of conformity of the offer and acceptance to be mandatory in terms of conditions, and some have considered only the contract to be subject to the rule of subordination, and thus; they have considered acceptance of the offer of the contract, without acceptance of the condition, sufficient to form a contract. It is illogical to issue a general ruling for all types of conditions, and for this reason, by studying the works of some recent jurists, a distinction between the types of conditions and an analysis of the relationship of each with the contract is evident. The author, by examining the articles of the Civil Code and the opinions of the Imamiyyah jurists, has come to the conclusion that the conditions in the contract should be divided into conditions related to the consideration (conditions that were effective in the motivation of the parties to determine the value of the consideration) and conditions unrelated to the subject of the transaction. In this regard by examining the articles of the Civil Code and the opinions of Imamiyyah jurists, has concluded that the relationship between a condition and a contract depends on the intention of the parties, ranging between "Zarfiat" and "taqyid", and that it is possible to conclude a contract without accepting a condition in the first type of relationship.
Keywords
Accordance of offer and acceptance
Compliance of contract with intention
Rejection of condition
Acceptance without condition
Abstracts
Subjects
Abdipour, Ebrahim and Saqafi, Ali (2008). Arsh-e-Shart (Price of Condition). Islamic Law Journal 5 (19): 63-85. (in Persian).
Adl, Mustafa (1929). Civil Law. Tehran: Bagherzadeh (in Persian).
Ameli (Shahid II), Zayn al-Din ibn Ali (1991). Tahrir al-Rowdah fi Sharhe Lum’at al-Dimashqiyya. Qom: Publications of the Islamic Propagation Office of the Qom Seminary (in Arabic).
Ansari, Morteza (1998). Kitab al-Mukasib. Qom: Hadi (in Arabic).
Aqelinejad, Mohammad Amin (2016). General Rules of Contractual Obligations. Tehran: Majd (in Persian).
Bahjat, Muhammad Taqi (2002). Vasila al-nijat. Qom: Shafaq (in Arabic).
Bahmanpouri, Abdullah and Bi-Niaz, Mahnaz (2018). A Study of the Generalization of the Evidences for Fulfilling the Condition to the Primary Condition. Journal Islamic Jurisprudence Research 14 (1): 157-182. (in Persian).
Bahrami Ahmadi, Hamid (2011). Law of Obligations and Contracts. Tehran: Imam Sadeq University (in Persian).
Elmi Ardebili, Ali (2010). Dalil al-Fiqh. A commentary on the lesson of Mohammad Hadi Hosseini Milani. Qom: Bustan Ketab (in Arabic).
Emami, Hassan (1961). Civil Law. Tehran: Islamic Bookstore (in Persian).
Farahzadi, Ali Akbar and Soleimani, Hadith (2018). Exceptions to the rule of contract compliance with intention in the jurisprudence of Islamic schools. Journal of Motaleat -e- Taghribi Mazaheb -e- Eslami 13 (49): 16-29. (in Persian).
Ghasemzadeh, Morteza (2009). Principles of Contracts and Obligations. Tehran: Dadgostar (in Persian).
Gorji, Abolghasem (1991). The rule of contract compliance with intention and the rule of dissolution. Islamic Research Journal 6 (1  &2): 52-67. (in Persian).
Hilli (Allamah), Hassan ibn Yusuf (1994). Mokhtalef al-Shia. Qom, Islamic Publishing Institute (in Arabic).
Irvani Najafi, Ali (2005). Hashiya Al-Makasib. Tehran: Kia (in Arabic).
Isfahani, Muhammad Husayn (1998). Hashiya Al-Makasib. Edited by Abbas Muhammad Al-Saba’. Qom: Dar Al-Mustafa (PBUH) (in Arabic).
Karaki (Mohaqiq Sani), Nur al-Din (1993). Jami` al-Maqasid fi Sharh al-Qawa’id. Qom: Ahl al-Bayt Foundation(in Arabic).
Karimi, Hedye and Karimi, Abbas (2025). Analysis of the Intent and Consent of Parties Regarding Unfair Terms in Contracts (Comparative Study in Iranian and French Law). Journal of Research and Development in Private Law 1 (2) 157-179 doi:10.22034/jpl.2025.2052141.1189 (in Persian).
Katouzian, Amir Naser (1999). Introduction to the Science of Law. Tehran: Sahami Publication (in Persian).
Katouzian, Amir Naser (2000). General Rules of Contracts. Tehran: Sahami Publications (in Persian).
Kazemi, Mahmoud; Taghizadeh, Ebrahim and Ahmadi Bayazi, Ali (2019). Survival Clause: A Comparative Study in Islamic and French Law. Journal of Comparative Law Review 11 (1): 245-270(in Persian).
Khoei, Abul-Qasem (1998). Misbah al-Fiqaha. Edited by Muhammad Ali Tawhidi. Qom: Al-Ilmiyah (in Arabic).
Khoei, Mohammad Taqi (1994). Conditions and Obligations of Liability in Contracts. Najaf: Al-Manar Foundation (in Arabic).
Khomeini, Ruhollah (1989). Al-Bai, Qom: Ismaili (in Arabic).
Khoubiari, Hamed and Razi, Pouria (2021). Rereading the nature of the contract and analyzing the position of the void contract in Imamiyya jurisprudence and Iranian law. Journal of Islamic Jurisprudence and Law Studies 13 (24): 67-90. (in Persian).
Makarim Shirazi, Nasser (2007). Al-Urwat al-Wuthqa maa Taaliqat. Qom: Imam Ali ibn Abi Talib (AS) School (in Arabic).
Modarresi Tabatabaei Yazdi, Mohammad Ali (2014). Al-Bai: An extensive jurisprudential study of al-Bai. Qom: Dar al-Tafsir (in Arabic).
Mohammadi, Qasem; Javaherkalam, Mohammad Hadi and Jamali, Morteza (2022). The effect of invalidation and dissolution of the contract on the condition; Preparation of the rule for the "independence of the condition of the contract" from the perspective of Islamic law and judicial procedure. Journal of Research and Development in Comparative Law 5 (17): 83-116 . doi:10.22034/law.2021.533203.1088 (in Persian).
Mohaqeq Damad, Mustafa (2009). General Theory of Conditions and Obligations in Islamic Law. Tehran: Islamic Sciences Publishing Center (in Persian).
Moravvej Jazayeri, Muhammad Jafar (1995). Hodi al-Talib fi Sharh Al-Makasib. Qom: Dar Al-Kitab Foundation (in Arabic).
Mousavi Bojnourdi, Mohammad (2011). Civil Jurisprudence. Tehran: Majd (in Persian).
Movahed, Mohammad Ali (2003). Summary of Civil Law. Tehran: Accounting Organization (in Persian).
Mozaffar, Mohammad Reza (1999). Principles of Jurisprudence. Qom: Islamic Propaganda Office of the Seminary (in Arabic).
Na'ini, Muhammad Hussein (1997). Munyah al-Talib. Taqrir Musa Najafi Khansari. Qom: Islamic Publishing Institute (in Arabic).
Najaf, Hassan (1983). Javaher al-Kalam. Beirut: Dar Ihya’ al-Turath al-Arabi (in Arabic).
Naraqi, Mulla Ahmad (1987). Avayid al-Ayyam. Qom: Maktaba Basirati (in Arabic).
Qabuli -e- Dorafshan, Seyyed Mohammad Mahdi and Mohseni, Saeed (2012). General Theory on the Nullity of Contracts. Tehran: Jangal (in Persian).
Rahpeyk, Hassan (2021). Advanced Civil Law: Analytical Discussions of Contractual Conditions. Tehran: Khorsandi (in Persian).
Rouhani, Muhammad Sadiq (1997). Minhaj al-Fiqh. Qom: Al-Ilmiyah (in Arabic).
Sadeghi Neshat, Amir (2017). Law; Reality or Validity (The Nature of Law). Journal of Private Law Studies 47 (1): 37-48. (in Persian).
Safaei, Hossein and Shabani Kandsari, Hadi (2018). Civil Law of Wills, Inheritance, and Preemption. Tehran: Majd (in Persian).
Sayfi Mazandarani, Ali Akbar (2006). The Book of Mudaraba. Qom: Institute for Compilation and Publication of the Works of Imam Khomeini (in Arabic).
Shahidi, Mehdi (2014). Formation of Contracts and Obligations. Tehran: Majd (in Persian).
Shoariyan, Ebrahim and Torabi, Ebrahim (2015). Principles of Contract Law in Europe and Iran. Tabriz: Foruzesh (in Persian).
Shoariyan, Ebrahim and Torabi, Ebrahim (2016). Law of Obligations; A Comparative Study. Tehran: Shahr e Danesh (in Persian).
Simaei Sarraf, Hossein (2000). Implicit Condition. Qom: Bustan e Kitab (in Persian).
Simaei-e-Sarraf, Hossein and Motamedi, Javad (2015). Method of determining the price of a bet. Journal of Civil Jurisprudence Doctrines 11: 117-135 (in Persian).
Sultan Ahmadi, Jalal (2012). Contract Decomposability. Tehran: Javedaneh (in Persian).
Tabatabaei Yazdi, Mohammad Kazem (1999). Hashiya al- Makasb. Qom: Ismailian Institute(in Arabic).
Tabatabaei, Mohammad Hossein (1985). Principles of Philosophy and the Method of Realism. Marginal note by Morteza Motahari. Tehran: Sadra Publishing (in Persian).
Tahouri, Sadiq (1998). Mohassel al-Mataleb fi Taaliqat Al-Makasib. Qom: Anwar al-Huda (in Arabic).
Tajabadi, Hossein (2011). The correct conditions in Imamiyyah jurisprudence. Tehran: Mizan (in Persian).
Vahedi, Javad (2013). Swiss Law of Obligations. Tehran: Mizan (in Persian).