Rule of Condition in the Yemeni Civil Law in Light of Jurisprudence Doctrines

Abstract

This study aimed to show the reality of condition by defining it, and showing the wisdom behind its legitimacy and legal basis, the reason for its establishment, duration, contracts and its effect on them, and position of jurists and civil law towards it. The paper was ranged into two main area: provisions of condition in the Islamic jurisprudence, and provisions of condition in the civil law.  A number of conclusions were introduced in this study, more importantly, the condition of prudence is limited to financial contracts which can be cancelled and invalidated except for a certain period, both jurists and civil law allow the two parties to determine it, and without it, both contract and condition can be cancelled either by words or related practices who have the right to do that.