The Entirety of Contract Clause and Jurisprudential Analysis According to Basics of Legitimacy of Predetermined Term and Implied Term .

Document Type : Original Article

Authors

• Rasool Soleimany ¹
• Mahmoud Habibi ²
• Ali Zare ³

¹ Ph.D student of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

² Assistant professor of Department Private Law, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)

³ Assistant professor of Department Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

Abstract

The Entirety of Contract Clause which is also called merger clause is one of effective terms in contracts . In some cases the parties agree to include a term in the integrated written contract whereby external evidence and previous agreements and implied terms conflicting with the written text can not be cited and this term prevents the application of external evidence and previous agreement even on the assumption of proof . In fact , the parties to the contract try to conclude a complete and integrated contract by including this term . Achieving the benefits of including this condition in the contract requires that its conformity or non – conformity with jurisprudential standards be examined . Due to the close connection with the concepts of Predetermined Term and implied term which has a history in Islamic jurisprudence and is subject to deep scrutiny and using the unity of the mentioned topics , it is possible to deduce the views of the jurists

Keywords

• The Entirety of Contract Clause (merger clause )
• Predetermined Term
• Implied Term

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