The nature of Necessity and Permit of Contract from Imamieh Fuqaha’s View

With regards to the different views mentioned in this study, it can generally be stated that if necessity and permit are considered as the jus covens or inherent requirements of the contract, the necessity condition of the revocable contract is rescinded and vice versa. Thus, the parties’ will can never change the necessity of the contract to the permit or vice versa. The only difference is that in the first theory only the condition is violated and the contract itself is valid while in the second one not only the condition but also the contract terminates. On the contrary, if the necessity and permit are regarded as the absolute requirements of the contract, the parties’ will can change the revocable contract into an irrevocable one and vice versa through the stipulation in the contract as it is not against the absolute requirements of the contract or the law. Parties’ will here can terminate the absolute requirements of the contract. Based on the third view which divides the necessity and permits to two types of ruling and rights, the parties’ will can affect the rights necessity and permit

Keywords:

Permit , Necessity , Principle of Will Sovereignty