Nature of deduction:
As in the definition of the contract, the contract is a type of contract that has a legal effect, so it is a contract.
Deduction rules:
Pay attention to the following points regarding depreciation;
According to our laws, the abatement due to reluctance is invalid, not invalid, because Article 283 of the BC has considered the *consent* of the parties as a condition for abatement.
Aqala may be concluded explicitly or implicitly
Abatement is possible only by the parties or their representatives, so in case of death of one of the parties, it is not possible to abate the transaction by the heirs.
Subrogation is valid only in necessary contracts. Permissible contracts can be terminated by either party, so its dissolution does not require the agreement of the parties.
Aqala is a contract because it is created by the consent of the parties to create a legal effect. Aqala is a contract whose purpose is to dissolve the previous contract.
Although it is a contract, it is not a new transaction, that is, a new transfer, including contracts such as sale and lease. It is not, but it is only a contract with the purpose of dissolving the previously concluded transaction
All or part of the original transaction may be discounted
Neither the loss of one of the substitutes, nor the loss of both substitutes, does not prevent depreciation. In this case, instead of the money that was lost, the like or its price must be returned. The meaning of the price is the price at the time of depreciation, not the price at the time of the contract.
The meaning of loss in the above paragraph is the loss of money or credit loss of property.
The meaning of the decreed loss of property is that the property has been transferred to a third party, in which case the same or its price must be returned instead of the said property.
In Aqala, the main variables of the transaction should not change or increase or decrease, otherwise the transaction is not a transaction, but a new transaction, but the change of partial and secondary conditions is fine.
Iqala is valid only for contracts and it is meaningless in relation to Iqaat
The centrality of the parties:
In Qala, the sides are centered, so:
Aqala does not reach the heirs
Self-rescission is not possible, that is, one of the parties to the contract cannot act on behalf of the other party to rescind the contract.
Deferrable contracts:
All contracts except the following three contracts can be rescinded. However, out of these 3 contracts, the revocation of two contracts is void and the revocation of one of them is invalid. These 3 contracts are:
Endowment:
which is null and void, because according to Article 61 of the Civil Code, after concluding the endowment contract, the bond between the waqf and the endowment property is severed, and he does not have the right to any change in the terms of the endowment contract or its existence.
Marriage:
which is null and void because the cases of dissolution of the marriage contract are limited to those specified in the law, such as: divorce or dissolution of marriage in special cases
Warranty:
The removal of which is non-enforceable and subject to the enforcement of its terms, of course, the meaning of guarantee is a useful guarantee that transfers liability to a liability, i.e. a contract of guarantee according to which the liability of the main debtor (the subject of it) is transferred and the guarantor is responsible for paying and becomes indebted to the parties to such a guarantee contract. And the subject is Leh (the creditor), according to the guarantee contract concluded between them, the debt is removed from the responsibility of the surety and is assigned to the responsibility of the guarantor. Therefore, the guarantor’s waiver becomes invalid and the guarantee cannot be waived except with the satisfaction of the guarantor.
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