The Concept and Essentials of Unstable Ownership and Its Effects in Imami Jurisprudence and Iranian Law

Mohammad Hosein Vakili Moghadam

 

Abstract: Contracts alter legal relationships between parties based on mutual agreement and law. One of the most significant impacts of ownership transfer contracts is immediate transfer of ownership to the other party. However, in a few exceptional cases, such as suspended conditions, time options and conditional sales, the transfer of ownership begins but remains fragile and unstable. The unique nature of legal relationships in these cases requires individual analysis. Ownership should not be disregarded, and despite its instability, ownership and its benefits must be explained clearly. This article examines instances of unstable ownership in Imami jurisprudence and Iranian law. The article argues that the creation of an unstable contract in this form is conceivable and in accordance with the rules. However, the effects of unstable status of a contract depend on the nature of each contract and its instability.