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Humanities
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Social Sciences
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New legal studies
The rule of the harmless rule in resolving the urgency of options
Volume 4, Issue 3, 2022-2023, Pages 69 - 76
1 Master’s student in jurisprudence and fundamentals of Islamic law at Al-Zahra University
2 Associate Professor of Department of Jurisprudence and Fundamentals of Islamic Law, Al-Zahra University
Abstract :
The stability of transactions and contracts is one of the important factors of psychological security of citizens and creates order in the society, but this stability must have restrictions, such as the lack of harm to each of the parties due to negligence, deception, etc. in the transaction, and creating options for the parties in it. Iran’s civil law has mentioned features for options and how to apply them, the most important of which is the urgency of options. This urgency is sometimes in conflict with the purpose of creating options and causes losses to the owner of options. On the other hand, giving credit to the owner of one’s choice requires a loss (at least mental loss) for the other side of the transaction. In this article, we want to discuss the evidence of urgency in such a way that the effect of the legal rule of harm can be seen correctly. Our opinion in this article is that the rule of harmless gratitude governs the evidence of urgency and delay, and it makes both of them absolute desirability, and the best result is to agree to the inter-subject matter (urgency and delay ) and like the laws of other countries as in Switzerland, let’s set a certain period for exercising the option, and after the expiration of that period, consider it invalid. This article is compiled with a descriptive-analytical method based on library sources.
The stability of transactions and contracts is one of the important factors of psychological security of citizens and creates order in the society, but this stability must have restrictions, such as the lack of harm to each of the parties due to negligence, deception, etc. in the transaction, and creating options for the parties in it. Iran’s civil law has mentioned features for options and how to apply them, the most important of which is the urgency of options. This urgency is sometimes in conflict with the purpose of creating options and causes losses to the owner of options. On the other hand, giving credit to the owner of one’s choice requires a loss (at least mental loss) for the other side of the transaction. In this article, we want to discuss the evidence of urgency in such a way that the effect of the legal rule of harm can be seen correctly. Our opinion in this article is that the rule of harmless gratitude governs the evidence of urgency and delay, and it makes both of them absolute desirability, and the best result is to agree to the inter-subject matter (urgency and delay ) and like the laws of other countries as in Switzerland, let’s set a certain period for exercising the option, and after the expiration of that period, consider it invalid. This article is compiled with a descriptive-analytical method based on library sources.
Keywords :
options, urgency, loss
options, urgency, loss