List of Articles بیع

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  1 - Jurisprudence and legal analysis of Nature of sale
  Seyyed Mohammad Asadinegad Ata-o-llah  Esmaeili
  The sale contract Has been also one of the most important contracts, which is why the jurists in the trading sector first examined it. In her book, Sheikh Najafie Has tried to illustrate all the aspects of the sale contract and its scope in a comparative way with the ex More

  The sale contract Has been also one of the most important contracts, which is why the jurists in the trading sector first examined it. In her book, Sheikh Najafie Has tried to illustrate all the aspects of the sale contract and its scope in a comparative way with the expression of the views of earlier and contemporary jurist. In this paper, the approach of, Sheikh Najafie nature of the sale is analyzed in order to fully explain the legislator's definition in Article 338 of the Iranian civil law from the sale. In the opinion of Sheikh Najafie object of sale must be essence because it is known to be used for the transfer of essence as it is known for the rental of interest.. According to this fame, in cases where the property is exchanged against the consideration, such a contract would be a sale, not a peace contract or each another contract Manuscript profile
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  2 - Resale of Goods in Convention on Contracts for the International Sale of Goods and Possibility of Its Justification based on Property Seizure of Debtor in Iranian Law and Jurisprudence
  Elham Shariati Najafabadi Abbas  Karimi
  Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts witho More

  Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts without having to nullify the previous contract. This paper intends to study the possibility of justification of this practice based on Iranian law. The author has applied an analytical, descriptive and comparative method to first understand the resale of goods according to the Convention, and identify similar institutions in Iranian law and jurisprudence. Seizure of property of debtor is among the cases that can justify resale of the property accordingly. Manuscript profile
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  3 - Legal-Jurisprudential Analysis of Conditional Sale Option in Relation to Transactions with Right of Restitution
  Saeed  Karami
  Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge ( More

  Abstract: There is divergence of opinions on contracting or pledging in optional sale. Imamiyah jurists endorse the act and consider it as an instance of sale in nature. Sunni jurists identify optional sale as bay’ al-Wafa or buyback sale, associating it with a pledge (rahn) contract. The conditional sale can be analyzed in two ways: First, the conditional sale involving the contractual relationship between mortgagor (seller) and mortgagee (buyer) stipulated in Article 34 of the Law on Registration of Deeds; Second, the conditional sale that does not govern the contractural relationship between the seller and buyer, and it is a real sale under articles 485-462 of the Law. The conditional sale governing the contractural relationship between the mortgagor and mortgagee is an instance of transaction with the right of restitution (Article 33 of the Law). This is why the law has considered the request for registration of the property in conditional sale as a right for the debtor, because in this type of conditional sale the buyer does not intend to conclude a contract of sale. Any negligence of this criterion will raise ambiguities: First, any conditional sale will be taken as the one with the right of restitution, whereas it is otherwise. Second, the real conditional sale has been well stipulated in Article 399 of the Civil Code; therefore, all sales stipulated in Article 399 of the Civil Code must be considered as the transactions with the right of restitution. It is clear that the existence of the element of option in a sale contract does not mean it is an instance of transaction with the right of restitution. Articles 33 and 34 of the Law on Registration of Deeds are not exclusive to provisions of Article 459, because this article is not about the conditional sale governing the contractual relationship between the mortgagor and mortgagee, whereas articles 33 and 34 of the Law govern such relationship. Manuscript profile
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  4 - A Comparison of Mortgage Contract and Transaction with Right of Restitution through an Approach based on Existing Precedent
  Gholamali  Sedghi
  Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real est More

  Abstract: Transaction with right of restitution refers to any supplementary and commutative contract in which the assignor reserves the right for himself to reject consideration and restitute transferred property. In view of the law on registration of deeds and real estates, transaction with right of restitution is a combined contract of rendable property and mortgage. There are, however, differences between transaction with right of restitution and mortgage including this that the contract interests belongs to the transferee in the transaction with the right of restitution while corpus interests of the mortgaged property belong to the mortgagee. By virtue of Article 324 of the law on registration of deeds and real estates and the existing precedent, all the benefits belong to the purchaser and given religious rules and regulations, this stipulation is the same as the debt interest. However, if we ignore the right of the purchaser to collect interests, given the degree of inflation and devaluation of money, we have equally ignored commutative justice in his case. Therefore, belongingness of the interests to him seems to be possible via bartering and realization of relative balance. Manuscript profile
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  5 - The ethical obligations of the parties in oil bunk contracts in Iran
  Farzam  Ardalan Nejat Ali  Almasi mansour atashene
  The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked a More

  The article attempts to examine the contractual principles governing the Baikon contracts in Iran, which is frequently used by the National Iranian Oil Company, which serves as the Ministry of Oil. Iran, with its significant reserves of oil and natural gas, is ranked as the world's second largest oil producer and exporter, as well as the world's second-largest gas reserves holder in the world, in terms of two highly desirable areas for investment. Investors (foreign) in Iran can mention the development of oil and natural gas, which still requires a drastic investment. Manuscript profile
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  6 - The succession of the Prophet (peace be upon him) in the prophetic court and the vote of the caliphs
  tahereh eslami ali abadi
  After the death of the Messenger of Allah (PBUH & HP), the issue of caliphate was the most important issue in Islamic society. Some claim that this succession was the basis of the divine installation; in addition to the intellectual currents, they sang another song and More

  After the death of the Messenger of Allah (PBUH & HP), the issue of caliphate was the most important issue in Islamic society. Some claim that this succession was the basis of the divine installation; in addition to the intellectual currents, they sang another song and made other plans. The present research has attempted to answer the question with the historical-analytical method that the Prophet (pbuh), in terms of historical propositions, had a narrative view of the caliphate? What are the three caliphs? The results of this study indicate that there is a profound difference between the viewpoint of the Prophet (pbuh) and the three caliphs about the issue of caliphate. The Prophet (pbuh) considered the caliphate to be divine, while the three caliphs considered criteria such as allegiance, subordination, and council determination to legitimize their caliphate and each other, which later became the criterion of Sunni practice. Manuscript profile
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  7 - Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
  Saleh   Yamrali reza shahidi sadeghi
  Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law an More

  Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter. Manuscript profile
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  8 - An Analysis of Dissolving Condition based on Evidence of Conditional Sale in Iranian Law and Imamiyah Jurisprudence
  Alireza  Abin
  A broad interpretation of the dissolving condition indicates that it is a condition realization of which revokes undertaking(s) between the obligor and the obligee and cancels the contract or other similar legal instruments from the beginning (with a retroactive effect) More

  A broad interpretation of the dissolving condition indicates that it is a condition realization of which revokes undertaking(s) between the obligor and the obligee and cancels the contract or other similar legal instruments from the beginning (with a retroactive effect). There is no express legal text on the rule of dissolving condition in domestic standing laws. This has given birth to diversified reasoning by the legal experts. Moreover, in legal terms, the approach followed by Imamiyah jurists vis-à-vis this legal institution is not identical so that some consider it problematic based on such evidences as principle of definitiveness of conditions, inconsistency of dissolving condition with requirement of nature of condition and lack of legality of evidences on conditions. On the contrary, some believe in the soundness of the institution of dissolving condition based on the legality of the evidences on conditions. This paper is devoted to analysis of consequent opinions and approaches of experts to finally put forth its selected viewpoint on feasibility of soundness and use of such institution in Iranian law and Imamiyah jurisprudence and prove legal soundness of its application on attachment of Articles 232 and 233 of Civil Law to Articles 10 and 975 of the same law. However, it seems that the generality of evidences on conditions prove legality of conditions in creating or destroying the legal effects. Manuscript profile