Conflicting Transactions with Contractual Stipulations in Imami Jurisprudence and Iranian Law

Document Type : Original Article

Authors

1 Department of Law

2 Department of law

10.48308/eclr.2026.242392.1227
Abstract
transactions that contravene contractual stipulations. There is a profound disagreement among jurists and religious jurists regarding the legal standing of such transactions. This is while, a divergence of opinion exists among scholars concerning the enforcement mechanism for each specific type of conflicting transaction, whether they involve an affirmative jural stipulation, a negative jural stipulation, or a negative result stipulation.

Virtually every possible legal status, including validity, nullity, unenforceability, ipso facto termination, and non-assert ability, has proponents as for each specific type of conflicting transaction.

The authors provide a comprehensive jurisprudential and jural analysis of the matter, along with an interpretation of Supreme Court General Assembly's Judicial Precedents No. 810 and No. 832, which address an instance of transactions conflicting with a stipulation. Through this analysis, a general and universal theory regarding the enforcement mechanism for transactions conflicting with all types of contractual stipulations is presented, aiming to conclude the disagreements in the legal literature.

The research concludes that in all instances of transactions conflicting with any type of contractual stipulation, the transaction is deemed to be in a suspended status due to the existence of a legal impediment. This impediment primarily serves to protect the potential ownership of the third party (the stipulator/beneficiary). Should the stipulator exercise their right, the suspended transaction is terminated ipso facto as of the same date. The conflicting transaction shall remain in effect if the impediment is eliminated.

Keywords



Articles in Press, Accepted Manuscript
Available Online from 18 August 2026