The Necessity and Evaluation of Stipulation in Contract Law of Iran

摘要

Stipulation is a subordinative commitment and a secondary obligation, loyalty to whichis compulsory because it gets its necessity from the original contract. The necessity ofloyalty to a stipulation depends on its correctness. Therefore, the generality of loyalty toa condition is applied to a condition that is not a stance of the articles 232 and 233 ofthe Iranian civil code. Nevertheless, besides the peculiar requirements of a condition,mentioned by the two articles, a condition shall have the basic requirements of validityso that it can be valid in the world of law. Regarding that in the area of general rules ofcontracts, a condition is also considered as a binding obligation, the basic requirementsof the correctness of contracts are extended to it.