a comparative study of implied condition in imamiyyah jurisprudence and the laws of iran and england

Terms are very important in commercial relationships and transactions. one of the unique conditions in contracts is an implicit condition that has special effects and rulings due to its relationship and dependence on the contract. it has been neglected in islamic jurisprudence and civil law and has not been discussed independently. conditions are so closely related to contracts that the interpretation of contracts without taking into account the conditions is unrealistic, and imamiyyah jurists consider the condition to be a secondary obligation and the contract to be secondary and consider it as the basis of the main contract. the legitimacy and scope of the implied condition in imamiyyah jurisprudence is not mentioned under the title of independence, but it is understood from the meaning of the word and the citations of the jurists. implied conditions in imamiyyah jurisprudence can be divided into two types: main conditions and customary conditions; conditions that are mentioned before the composition of contract but not mentioned in the text are called main conditions, and conditions that are not mentioned before the composition or in the text are called customary conditions. in iran's law, there is no explicit mention in this regard, and from some articles of the civil code, it is possible to infer the implicit condition. in the english law, conditions are divided into explicit and implicit ones based on whether they are mentioned or not mentioned in the text of the contract, and implicit terms are divided into three types: actual, legal, and customary.