Explanation of Article 573
The article indicates that agricultural partnership requires the contracting parties to share the output in common, with each having a specific percentage—such as one-third or half of the land's yield from cultivation in farming or the tree yield in irrigation. It is not permissible to agree that one party receives a specific non-common portion of the output; for example, stipulating that one party receives one hundred kilograms of what is produced from the land's crops or the orchard's fruits, with the remainder going to the other. It is also not permissible to stipulate that one party receives the yield from a specific location, such as assigning one party the fruits of certain specific trees or a specific area of the orchard, with the remainder going to the other. This could lead to depriving the other contracting party of the output, as it may happen that only that amount is produced, or the designated output for one party is damaged without affecting the other, resulting in one party monopolizing the output. The joint participation of the contracting parties in the output is a fundamental element in the agricultural partnership contract. However, if the agreement is that one party receives a specific amount of a type of output without it being restricted to the yield of that land or those trees—such as stipulating that one party receives one hundred kilograms of wheat, whether from the yield of that land or elsewhere—it is permissible; but in this case, the contract is not considered a partnership in the output.
If the contracting parties do not specify in the contract each party's share of the output, it is determined according to custom, which interprets the contracting parties' intent in the absence of specification as intending custom.
The effect of invalidating the condition when one of the contracting parties stipulates a non-common share of the output or the yield from a specific location is that the condition alone is invalidated without the contract; applying the principle of contract divisibility stated in paragraph (2) of Article (74), and the division of the output between them is then according to custom. The contracting party may request the annulment of the contract if it becomes clear that they would not have agreed to the contract without that condition.
Related To
Article 573
Any condition stipulating that either contracting party is entitled to a specific amount of the output or to the output of a specific part of the land or trees shall be deemed invalid.