Nature and Effect of Ability Condition in Contracts

Document Type : Scientific Research

Authors

Abstract

Prevalence of ability condition in some contracts like Marriage about Dowry causes questions about nature and effect of this condition. Recognition of nature and effects of ability condition must be done within general principles and rules of contracts and is not allocated to Marriage.
Investigation of ability condition in reciprocal contracts shows that although this condition may approach to accuracy clause of potency to submit but ability condition is not like that.Ability condition like a suspended clause is possible in the future and it is about something outside of contracts. Nevertheless ability condition suspends performance of contract not existence of obligation.

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