The question of stipulation in contracts, its components and conditions, and its effects on the contractual and binding provisions is a well trodden areaof study by the jurists and legal experts. The persent article, deals with the
effect of stipulations on contracts general1y, and on the sale contract, as the
most important one among the nominated contracts, in particular. Three
options have been expressed: validity, invalidity and voidability three supposed
probablities of which the first has no supporter among Imamiyah. Most of the
jurists consider the stipulated sale as a voidable contract which would become
valid if the obligated seller proclaims his approval.
Raising the different points of view and critically reviewing them, the
present article studies the reflection of the prevalent opinion of the jurists in
the Iranian civil code briefly. Concerning the time in which the stipulated sale
is influenced, demonstrating the existence of same criteria in this kind of
contract and the contract with unauthorized agent, it can be said that if this
contract is affirmed, it would be considered as a valid one with all the results
of a contract of this kind. The Iranian civil code approves this theory, known
as the discovery theory, in contrast to transmission theory.
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