Modern Legal Studies

Modern Legal Studies

Analysis of the nature, subject and time of the adjective condition

Document Type : Original Article

Author
Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad city, Lorestan
Abstract
The civil law does not have much content about the attribute condition. A general rule about the attribute condition is mentioned in the definition that the condition is about the quality and quantity of the transaction. The correct division of terms is usually based on what is being composed. In the condition of the verb, a commitment is created. In the result condition, a result of legal actions is created. In the condition of the adjective, there is ambiguity about what is being composed. What is composed must have the authority to be composed. The condition of the adjective is not composed in a real and formative way. Color, quantity, quality cannot be composed. Due to the impossibility of composing an adjective, some believe that an adjective condition is not a condition at all and consider it a condition of the transaction, and some others consider an adjective condition to be a condition in the real sense that creates an obligation. Some jurists consider the attribute condition specific to the definite object and general in the definite, and some consider this condition to be fulfilled in all three types of definite object, general in the definite, and general in the definite. Such disagreements are a motivation to try to find an answer to the problem of what is the nature of the adjective condition with descriptive and analytical methods. And in which category of property can it be realized? to be In this research, the opinion that the condition of the attribute in the real sense causes the obligation and considers it to be specific to the property of the definite object and general in the definite has been accepted.
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Articles in Press, Accepted Manuscript
Available Online from 19 June 2024