A Study of the Option of Breach of the Condition in Afghan Jurisprudence and Law

Abstract

Option of breach of condition is one of the guarantee and support mechanisms for breach of contract. The parties may agree during or after the conclusion of the contract that if one of the parties to the contract does not implement the provisions of the condition and exploit the contract stability and makes the contract a source of wealth and profit seeking, option holder can refuse to adhere to the contract stability and strength and rescind it. In addition to its guarantee and support mechanisms, the option has a feature of punitive and threatening mechanisms that are more beheld. Because the right of option creates an effective protection and an impenetrable barrier against the other party, so he never thought of breaching and exploiting the strength of the contract. All the time, the other party might be worried that the option holder may rescind the contract as a result of the other party’s breaching of the condition provisions and his explanation. However, if, despite its punitive and threatening nature, the other party refuses to implement the provisions of the condition, the condition holder will rescind the contract. In addition, it is possible for the condition holder to demand from the court the cost of fulfilling the condition without fulfilling the obligation. Although the civil law and other effective Afghan laws have not provided explicit rules for option of breach of the condition, in this article, an attempt has been made to provide guidelines for the Afghan legislator to explain the rulings and consequences of breach of condition in the civil law as one of the conditions in the contract. The method of gathering information in this article is library-based and the method of conducting research is qualitative (descriptive-analytical).