Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study:
The principle of satisfaction of contracts is one of the basic principles in Imami jurisprudence and Iranian law, which also has economic aspects. According to this principle, people conclude their contracts based on it. In this article, we have tried to prove that underwriting in the endowment is n...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2022-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_15204_d06429d9046949fcabd04bb848086907.pdf |
| _version_ | 1797375783234174976 |
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| author | Hamid reza Behroozi zad |
| author_facet | Hamid reza Behroozi zad |
| author_sort | Hamid reza Behroozi zad |
| collection | DOAJ |
| description | The principle of satisfaction of contracts is one of the basic principles in Imami jurisprudence and Iranian law, which also has economic aspects. According to this principle, people conclude their contracts based on it. In this article, we have tried to prove that underwriting in the endowment is not only legitimate but also a definite contract. In fact, the difference between a definite contract and an indefinite one is in terms of prevalence and non-prevalence. The prevalence of this contract at the present time can be described as definite. In this case, we will not need other analyzes to justify the legal and jurisprudential nature of the underwriting. We will also move from formalism in contracts to the rule of will. This will be desirable for Imami jurisprudence and Iranian law and the economic view of the law. In fact, this economic view of the will will cause more attention to the contract regardless of its form and economic prosperity based on domestic jurisprudential and legal principles |
| first_indexed | 2024-03-08T19:29:13Z |
| format | Article |
| id | doaj.art-2b1938dadf78485780209fb87f920e40 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:13Z |
| publishDate | 2022-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-2b1938dadf78485780209fb87f920e402023-12-26T07:49:40ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322022-09-011140679210.22054/jplr.2023.61381.257815204Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study:Hamid reza Behroozi zad0Ph.D. in private law and visiting assistant professor in the private law department of Usul al-Din Qom faculty. ResearcherThe principle of satisfaction of contracts is one of the basic principles in Imami jurisprudence and Iranian law, which also has economic aspects. According to this principle, people conclude their contracts based on it. In this article, we have tried to prove that underwriting in the endowment is not only legitimate but also a definite contract. In fact, the difference between a definite contract and an indefinite one is in terms of prevalence and non-prevalence. The prevalence of this contract at the present time can be described as definite. In this case, we will not need other analyzes to justify the legal and jurisprudential nature of the underwriting. We will also move from formalism in contracts to the rule of will. This will be desirable for Imami jurisprudence and Iranian law and the economic view of the law. In fact, this economic view of the will will cause more attention to the contract regardless of its form and economic prosperity based on domestic jurisprudential and legal principleshttps://jplr.atu.ac.ir/article_15204_d06429d9046949fcabd04bb848086907.pdfthe principle of the rule of willcertain contractunderwritingendowmentjurisprudence and iranian law |
| spellingShingle | Hamid reza Behroozi zad Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī the principle of the rule of will certain contract underwriting endowment jurisprudence and iranian law |
| title | Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: |
| title_full | Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: |
| title_fullStr | Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: |
| title_full_unstemmed | Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: |
| title_short | Definite Contract of Acceptance in Endowment in Islamic Jurisprudence and Law with a Comparative Study: |
| title_sort | definite contract of acceptance in endowment in islamic jurisprudence and law with a comparative study |
| topic | the principle of the rule of will certain contract underwriting endowment jurisprudence and iranian law |
| url | https://jplr.atu.ac.ir/article_15204_d06429d9046949fcabd04bb848086907.pdf |
| work_keys_str_mv | AT hamidrezabehroozizad definitecontractofacceptanceinendowmentinislamicjurisprudenceandlawwithacomparativestudy |