Document Type
Original Study
Abstract
Through scientific legal research and studies, it has become agreed upon that the formation and implementation of the contract is nothing but a fact that establishes a legal position for the parties to the contract that they are obligated to respect with others, as it is necessary to look at this actual incident that took place in reality and the law has arranged its effects on rights and obligations, however The contract cannot remain isolated from the society in which it was raised, meaning that the contract must have an external presence that guarantees the effectiveness of its effects, and this external impact affects all contracts without exception. Nevertheless, the absolute repetition of the rule of relativity makes the regulation of behavior confined to its parties, and this cannot be extended to others, but this perception does not take place at all, as the will and the legal text have a role in the extent of the judiciary in organizing the contract, especially the era of the task of organizing the effects of the contract and its provisions for the parties. And backward both. The right to the option relates to consent, which is the basis and basic pillar of all contracts, as the option appears to be a legal advantage granted to the beneficiary by which he can dissolve from the contract unilaterally because of his lack of consent, which makes the contract associated with an option passes through a critical and delicate stage in which the contract is not necessary due to the effect of the right. In option to take away the redundancy of the nodal link. Islamic jurisprudence has excluded the study of option rights in their general scope in a way that is distinct from what man-made laws have in terms of their provisions, in addition to Islamic jurisprudence dealing with the issue of transferring the right to options backward, which is considered one of the most important discussions of the right to choice despite their different approaches in assessing the provisions of that
Recommended Citation
Hassan, Noor Ayad
(2022)
"The right to choose and its effect on the binding force of the contract,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 2:
Iss.
1, Article 11.
Available at:
https://ijsu.researchcommons.org/ijsu/vol2/iss1/11