سیر تحول ماهیت اقاله در حقوق اسلام و ایران، با مطالعه تطبیقی در حقوق انگلیس و فرانسه

In this article, we has surveyed The evolution of nature of dissolution of contract Shi’it Jurisprudence, Sunni Jurisprudence schools and Iranian Law, with Comparative Study in England and French Law. Goal of this research was explaining the legal nature of dissolution of contract and effect of dissolution of contract in determining the rules and effects of this legal entity, and also indicating the Legal institutions subtle changes in historical context in jurisprudence and legal resources. In present article, we confronted this question whether the dissolution of contract is itself a contract or not, and if it is, what kind of contract is it: certain or uncertain? The result was that, although, Sunni scholars still do not know the dissolution of contract as a contract, but the evolution of the dissolution of contract in Shi’it Jurisprudence has started from being termination, and has ended in being a contract. In Iranian law should go further and consider dissolution of contract as certain contract. Dissolution of contract is an agreement in England law and an uncertain contract in French Law. Therefore, the proposed opinion of Iranian Law and Shi’it Jurisprudence about the nature of dissolution of contract seems to be preferable to other legal systems.