%0 Journal Article %T Legal Status of Contracts Contradicting Conditional Agreements %J Jurisprudence and Private Law %I Shahid Motahari University %Z 2645-355X %A Khoshkar Mohammad Baramai %A Abbas Asgari %D 1398 %\ 1398/12/03 %V 2 %N 2 %P 27-47 %! Legal Status of Contracts Contradicting Conditional Agreements %K conditional contract %K legal status %K contradictory contract %K suspensive condition. %X Abstract: Although in conditional contracts the effects of contract appear after realization of the conditionality of the contract, that does not mean the conditional contract lacks its effects before realization of the conditionality. Therefore, in alienative contracts, the effect of conditional contract before meeting its conditions shall be attributed to the buyer as a sort of conditional ownership. Perhaps it is because of such right for the promisee in the conditional contract (before meeting the conditions) that any contract contradicting with it may be pronounced non-effective or void. However, a review of the statements of evidence of each one of the three reasons for nullity, ineffectuality and authenticity of such contracts it can be claimed that any contract contradicting conditional contract is sound and valid. This, however, does not mean ignoring the promisee’s rights in conditional contract; rather, by virtue of the conditional contract, the object of transaction along with the buyer’s legitimate right in conditional contract will be transferred to the promisee as is. Of course, for final decision on the conditional contract, the parties should wait for the final status of the conditionality in the contract. In case of failure to meet the conditions, the real right of the buyer in conditional contract over the object of transaction will be null and void and when the conditions are met, one should see when the effects of the conditional contract will be valid. In the meantime, there should be a distinction between formation and validity of the contract vis-à-vis the promisee of the conditional contract. %U http://rimag.ir/fa/Article/16229