Document Type : Research/Original/Regular Article

Authors

• Sajad Elmi ¹
• Ali Gharibe ²
• Ismaeil Saghiri ²

¹ PhD student of Private Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran

² Assistant Professor, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran

Abstract

In the last part of Article 244 of the Civil Code, the legislator stipulates: "... the condition of corollary cannot be revocable" therefore, in order to explain the aforementioned ruling the majority of law scholars have stated that in cases where the condition of corollary is formed by the creation itself, in terms of the fulfillment of the condition, the possibility of its revocation is unthinkable, and in the event that the fulfillment of the mentioned condition is impossible for some reason, basically no condition has been formed to talk about its revocation, however, this research has not been accepted by jurists. Jurisprudential studies also indicate that according to great jurists, it is not possible to revoke the condition of corollary. Therefore, this research with a descriptive-analytical method, while examining the theories of law scholars and great jurists, including arguing the legal mechanisms of suspension and timing, viewing the registration of the said condition, considers the last part of Article 244 of the aforementioned law indicating the irrevocability of the condition of corollary in most cases and by presenting new analyses infers the possibility of revocability of the said condition in a series of cases.

Keywords

• condition
• condition of corollary
• revocation of condition
• jurisprudence
• civil code

Main Subjects

• Civil Law