نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشکدۀ علوم اداری و اقتصادی دانشگاه اصفهان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
This legal analysis shows that despite of lawyers’ wanted or unwanted overlook, condition in initiative could not be and has not been set aside from the legal relations of the people in the society, and the legislature assist to it by counting it originally as valid. By the condition in initiative in this research analysis, we mean the condition in offer, condition in acceptance or condition in both. There are many obvious and hidden usages for condition in initiative in social relations, particularly in the contractual and trade relations; although it is not naturally allocated to the commercial law. For instance, in concluding composition agreement with the bankrupt businessperson charged with the fraudulent bankruptcy, in subscribing the stocks, opening an account and ratifications of the statutory general assembly for the public joint stock company in process of formation, in the arbitration agreement, and in the undertaking in benefit of the third person, we can benefit from these establishment or at present it is used. Besides, possibly many legal actions which are being made disputably at present, with using the condition in initiative can be accomplished more efficiently and indisputably. Applying condition in initiative provides a more ingenious mechanism for reaching the contracts aims easier, reaching multistage aims and avoiding leaving the probable problems of implementation to the time after conclusion.
کلیدواژهها [English]
الف)فارسی
ب) انگلیسی
)